№1(7)/2013
Basai V. D.
The institute of renovation procedural term as an important safeguard rights of criminal proceedings is researched. The conclusion is made that the provisions of the new Criminal Procedure Code of Ukraine does not define the terms of the consideration and resolution of such requests to the investigating judge or the court, which leads to an expansion on the above issues the legal limits, prescribed in Part 2 of Art. 306 and Art. 350 of the new Criminal Procedure Code of Ukraine.
Grounds and Procedure Procedure renovation period for the new Criminal Procedure Code of Ukraine
Bielikova М. І.
Drawing on theoretical developments in the field of the civil procedure and legal theory, the article researched and identified grounds of appeal decisions, acts or omissions of public authorities in the administrative procedure. The issues that require further doctrinal’s development were identifie.
Grounds for appeal against decisions, actions or omissions of the executive power
Blaschuk Т. V.
The paper is the theoretical and legal analysis of the sources of legal regulation of contractual relations, the norm and individual regulation and defines the concept of legal regulation of contractual relations, based on the analysis of the views of theorists of law and modern civil law.
Sources of legal regulation of contractual relations: theoretical and legal aspects
Bodnarchuk О. H.
In the article the nature of social control as a key mechanism in the fight against corruption. Particular attention is focused on how to improve the effectiveness of anti-corruption on the part of civil society.
Boyko V. V.
This article defines the notion of a special legal norm and its features and also an algorithm of solution of the general and special norms competition is being offered.
Theoretical characteristic of the special legal norm and of its competition with general norm
Boyko N. М.
This article examines the scope of the contract loans, marks out its features, by defining the legal nature of the contract and the analysis of its inherent characteristics.
Features subject loan agreement
Bortnyk О. P.
In the article the analysis of the guarantees of the employee in case of dissolution of contract is given, and the recommendations on improvement of labor law in this area are provided.
Guarantees of employee in case of breach of the contract
Botvinov R. G.
Measures of jurisdiction of investigation department supervisor of tax militia are determined. The rules of determination of the measures of jurisdiction of investigation department supervisor of tax militia are analyzed.
Vitiuk І. Y.
The article based on an analysis of general and special legislation that clarifies all possible restrictions on power engineering land use in Ukraine. A classification of spending restrictions on the rights of power engineering land use in general, special and specific depending on what legal act they are fixed.
Restricted right on power engineering land use
Geller Bella
The legislation, theory and practice in the field of legal clinics at universities in Ukraine and Germany are compared in the study. It is in particular need to be understood by teaching personnel, legal practitioners and members of universities’ administrations that only by introducing innovative forms of education they can fulfill their responsibility, which is to prepare their students for the professional world and additionally increase the institution’s popularity and good reputation.
Clinical Legal Education in Ukraine and in Germany. A Comparative Analysis
Holub І. H.
A number of problematic issues measures of restraint and measures to ensure the criminal proceedings under the Criminal Procedure Code is analyzed in the paper. Considerable attention is paid to the comparative analysis measures of restraint in the Criminal Procedure Code of Ukraine dated 28 December 1960 and the Criminal Procedure Code of Ukraine on April 13, 2012. Particular attention is paid to theoretical and practical problems concerning application of new measures of restraint.
New types measures of restraint in accordance with the Criminal Procedure Code 2012
Dehtyar O. H.
The article is dedicated to the research of specific aspects of the implementation of the principle of immediacy in the pre-trial investigation. The features of personal perception of proofs by investigator, prosecutor and investigating judge characterized. Range limits in the personal perception by investigator, prosecutor of the evidences, objects and documents detected.
Zelensky S. М.
This article analyzes the concept of justice, the study of specific theories of justice and ensure their further development and implementation in the field of criminal procedure.
The concept of justice in the criminal process
Zinchenko V. V.
The article explains that the basis of the legal system of civil society and its constant companion – the rule of law – should be put not only the separation of powers, the unity of the citizen, society and the law, their legal equality before the law in the legal system. They are based on the guarantee of quality and function, both at the international and national levels, are the right people and is closely associated with it the human rights system.
Ivaschenko O. V.
The grounds of call of criminal realization’s participants for participating in investigation (wanted) actions are investigated. Judicial order of their call by handing of notice about a call, her message by mail, an e-mail or facs, realization of call by phone or telegram is analysed. The necessity of confirmation of fact of the timely informing of criminal realization’s participant about realization of investigation (wanted) actions with his participation is grounded.
Kiselova O. I., Fashchuk T. V.
In article the essence and the mechanism of a disciplinary responsibility of the People’s Deputy of Ukraine, an attraction order is investigated, the attention to features of such responsibility is paid. Compliance of standard legal regulation of discipline of work of the People’s Deputy of Ukraine to effective practice of foreign countries and to the international standards in this sphere is analyzed. Specific proposals which strengthen responsibility of People’s Deputies for violation of labor discipline and ethics of deputy activity are made.
Kobryn V. S.
The article examines the development of the legal regulation of the institution head of Government in the modern constitutional practice of the Ukrainian state. Attention is paid to the analysis of the status and role, place and significance of the Prime Minister of Ukraine in the system of public authorities at various stages of nation-building.
Prime Minister in the modern Ukrainian state constitutional practice: the evolution of regulation
Kuzyk Т. М.
In this article are investigated separate aspects of the participation of an interpreter during the provision of international legal assistance as for extradition of persons who have committed criminal offenses, in particular while addressing the foreign country about extradition of person and proceeding the requests of the foreign country concerning extradition issues.
Loskutov Т. О.
In article structural elements of a subject of legal regulation in criminal trial are investigated. Structural elements of the general rights and legitimate interests which are the main elements in structure of a subject of criminal procedural regulation are considered.
Structural elements of a subject of legal regulation in criminal trial
Liash А. A.
The article analyzes the provisions of the new Code of Criminal Procedure, the individual research papers Ukrainian and foreign authors, the non-disclosure of information concerning the pre-trial investigation. Made suggestions for the improvement of the criminal procedure law.
Inadmissibility of the pre-trial disclosure of information
Martyniuk R. S.
Constituent nature as the body of constituent authority of the people is researched. The nature of the «Constitutional Assembly» that has the status of special subsidiary body established by the President of Ukraine and depicts the external similarity to the constituent being externally similar to the concept of constituent authority is analyzed. A definition of the «Constitutional Assembly» as a quasi-constituante is being argued.
«Constitutional Assembly» activity in Ukraine: the attempt of the body nature definition
Mikulina М. М.
The current legislation of Ukraine is analysed in the article, methods of classification of control after activities of the law enforcement authorities is developed and checking system after activities of the Security Service of Ukraine in the field of providing of the personal unproperty rights for physical person is presented.
Mikulina М. М.
In the article the right to life of an individual and the prospects for its regulation, the absolute and relative aspects of the right to life, the power to life and disposition, the ratio of the ban deprivation of human life and the protection of life and health are analysed.
The right to life as part of individual privacy
Opryshko D. І.
In the article doctrine, legislative acts and judicial practice of Ukraine regarding the name of association and corporation as kinds of contract-based combination of entities are analyzed. The attention is focused on number of conflicts of law and problems that arise on practice. In the summary proposals regarding improvement of legislative acts of Ukraine regarding the name of legal entity, including contract-based combinations of entities, are given
Legal regulation of name of contract-based combinations of entities
Panchuk І. О.
The article studies features of the concept of legal and professional awareness of judges. The author gives the general characteristics of this concept and examines its main feature – the need for judge’s justice. Also, the author raises the question of the justice impact on committing acts of law and law-making by professional judges.
General features of legal and professional awareness of judges
Potaichuk I. V.,Kompaneec D. O.
The aspects of a legal regulation of participation of priests as witnesses in criminal trial concerning the data entrusted by it at implementation of sacrament of a confession are investigated in article. Such concepts as the priest, the confession, secret of a confession, and also there is a speech about value of religion in human life reveal.
Participation of priests as witnesses in criminal trial of Ukraine
Skrylnyk О. О.
The article is devoted the problems of distribution of the mercenary activities and specifics of legal regulation in fight against such crime as mercenary activities in the territory of CIS countries. Attention is accented on a special role of the state in fight against a mercenary activities.
Tendencies of prevention of distribution of a mercenary activities in the territory of CIS countries
Slatvytska А. V.
The article investigates the impact exert the Convention on the Elimination of All Forms of Discrimination against Women in 1979 on the development of national legislation and functioning of national mechanisms for the protection of economic rights of women.
Smaliuk R. V.
The article is an attempt to analyze features of protection of labor rights of Ukrainian citizens, who are employed abroad. As a result it was found that legal status of Ukrainian citizens abroad depends on different factors, outlined in the research.
Protection of labor rights of Ukrainian citizens abroad
Sukhonos V. V. (Jr.)
The article is devoted to the problem of the constitutional and legal status of the head of state in a monarchy. In particular, we look at the classification of the monarchical form of government according to the system of government, proceeding from the status of head of state.
The influence of the head of state of the Institute on the monarchical form of government
Shostko О. Y.
The article investigates peculiarities of the legislative and practical strategies to counteract organized crime in Italy, which combine preventive and repressive measures.
The experience of combating organized crime in Italy
Yurchenko О. М., Servetskyy I. V., Saprun O. V.
The questions of reforming of internal affairs bodies according to the functional tasks at various levels of the administrative-territorial police building are analysed.
Functions of militia (police) under current conditions
Review
Popeliushko V. O., Lukianchykov E. D.
Monography by Kuchynska O. P. became the result of a long studying of the complex principles of criminal proceedings in the protecting mechanism of the rights of all participants in the light of the formation of a new theory of criminal proceedings. The book is very important at present stage of the criminal procedural science, it gives a holistic view of the role and importance of the principles of criminal proceedings in the protecting mechanism of the rights of its participants and is a prime example of the system-value approach to the analysis of legislation.
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