№1(9)/2014
Ivannikov І. А.
In the form of memoirs, the author narrates the experience dating from Ukraine, its scientific and cultural worlds. Expresses his own view of events in Ukraine in November 2013 - February 2014.
Ukraine, as I saw it from April 2011 to January 2014 (rus.)
Byshevets О. V.
In the article contemporary situation of application of tactic devices of actualization ideal traces of crime had being analyzed. It was proposed their classification and was offered proposals concerning improvement of practice realization opportunities of indicated devices. On the basis of studying of scientific literature and practice in the article current problems of implementation of these devices in criminal proceeding are described, viewpoints in scientific literature concerning definition of these devices have been analyzed and specified that nowadays there are not unity of viewpoints among scientists concerning its content and system. The article is devoted to the research of scientific, organizational and procedural basis of tactic devices of actualization ideal traces of crime in theory of criminalistics. The author made an effort to systematize these devices, to determine their features and prove legal basis of application of such devices for solving professional issues in criminal proceeding. Taking into account researches which were made, the author proposed to make some amendments to the definition of devices of actualization ideal traces of crime.
Tactic devices of actualization of ideal traces of crime
Vaganova І. М.
The article is devoted to the measures of restraint that may be enforced by employer to preserve an enterprise’s embezzlement and each employee’s as well. It broaches a subject of video control use as a restraint measure in a law of employment. There are determined the main principles of video control use as measures of restraint in labor legal relations
Restraint Measures of Employer Embezzlement
Haiduk O. H., Honhalo S. Y.
The article deals with the practical experience of the application of the silicone impression materials «Stomaflex solid» and «Zetaplus» for receiving copies from three-dimensional tracks which may be discovered on different objects during the inspection of the scene of an accident.
Hlynska N. V.
The article is devoted to the problem of the timeliness as a single standard, which should correspond to any procedural decision taken in the course of criminal proceedings. The author formulated the concept of the standard and defines the main directions of evaluation the timeliness of criminal procedural decision.
Timeliness of criminal procedural decisions
Yevkov A. М.
This article investigates problems of settlement of the territorial aspect of the exhaustion of exclusive rights to intellectual property objects in international regulations in the field of intellectual property. It also describes the three main territorial models of exhaustion of exclusive rights (national exhaustion, regional exhaustion and international exhaustion) that have been historically developed to date and have been enshrined in national legislation and court practice of individual countries. Some main advantages and disadvantages of establishment of each of these territorial models are also described and argued. Also, the paper attempts to determine perspectives and identify possible ways to unify the territorial aspect of the exhaustion of exclusive rights principle at the international legal level.
Kolomoiets О. V.
In the article of дослідженно custom functions of the modern state that are based on strong methodological and historical principles. First of all, it is determined by that realization of custom function in our time is substantially transformed, radically an idea changes about that, how the state must operate in the field of the custom adjusting. For this reason it follows to connect two aspects of problem: to define the historical way of custom function of the state and вивити methodological aspects of realization of custom function in the modern state.
Methodological and historical principles of research of custom function of the modern state
Kostyuk V. L.
This article examines the key issues regarding the place of the UN Convention on the Rights of Persons with Disabilities in the system of the national legislation of Ukraine. It analyzes the characteristics of the Convention as an important regulator of relations on the rights of the disabled. Declarative steering of the Convention are emphasized. The importance of developing the Code of disability rights as an important component of the implementation and operation of the Convention are highlighted. Conclusions and suggestions are made.
Kurta E. A., Frolov A. V.
In article on the basis of analysis of existing Criminal procedural code of Ukraine considered the conclusion of a compromise agreement, as a condition for solving the tasks of criminal proceedings.
Conclusion compromise as a condition for solving the tasks of criminal proceedings
Lemyk R. Y.
The article analyzes the practice of use special knowledge in the form of the expertise аnd consultation of specialist in the EU. According to the results of analysis of legislation and judicial practice in these countries, the author proposes a number of changes to the Civil Procedure Code, governing the bases, rules and procedure for appointment of concultation in civil proceedings in Ukraine.
Lepetiuk О. V.
Coming into action of double taxation treaties between Ukraine and the EU Member States is very important in the context of influence of their rules on the tax burden of companies and individuals included in cross-border activity. On the basis of generalizing and analyzing of Ukrainian treaty practice the author proposes to define such traits in the mechanism of coming into action by them: 1) the possibility of application of old tax treaty during the period after entry into force by new tax treaty (the Netherlands, the United Kingdom, Finland); 2) inadmissibility of time gaps between termination of old tax treaty and entry into force of new tax treaty (Cyprus, Romania); 3) necessity to reconcile of the requirements between budget law and procedure of tax treaty ratification included in art. 27 of the Budget Code of Ukraine. These traits have to be taking into account by Ukrainian competent authorities in the process of negotiations as well as implementation of double taxation treaties with the EU Member States especially in relations with those of them that retain the action of ex-USSR double taxation treaty (Spain) or do not have concluded double taxation treaties with Ukraine (Ireland, Malta, Luxemburg).
Process of Coming into Action of Double Taxation Treaties between Ukraine and the EU Member States
Lukianchykov Y. D., Lukianchykov B. Y.
The article is devoted to the analyze of the scientific attitude to the definition of the investigation (search) activities and their elements named «non-public» in the new Criminal Procedural Code of Ukraine because of the particular procedure of their preparation and sequence. It is examined the grounds of their systematization and the requirements of their classification according to the Ukraine Criminal Procedural Code regulations in force.
Definition and system of the non-public investigation (search) activities
Orlean А. М.
The publication examines the different approaches and views on the concept of human in the philosophical and legal sense, on the ground of which the author’s vision of the emerging problems is formed. Attention is focused on the content of the thesis that man is the highest social value and needs criminal protection from exploitation.
Popeliushko V. О.
The article deals with the history of the origin of the institute of the court triers in the Kingdom of Franks (VIII century), as magistrates (missi dominici), its evolution in France, spreading to European countries, including the Russian Empire and a number of countries in the world, and also its modern modified variants in Spain, Italy, the Netherlands and Germany. The article displays the revival institute of court triers in the independent Ukraine (1992), per the German model. A thorough analysis of the powers of this subject of criminal proceedings according to the CPC of Ukraine 2012 is performed. In particular, the authorities of the court triers, according to the criterion of the issue of legal regulation are divided into nine groups, namely, the powers related to: 1) the usage of measures of procedural coercion, including preventive measures; 2) the consideration and resolving issues related to issuing permits for investigative (inquiry) and secret investigative (inquiry) actions; 3) the review and address of the complaints against decisions, actions or omissions of the investigator, prosecutor; 4) the collection of evidence in the limited cases provided by law; 5) the establishment of the procedural terms; 6) the addressing the issues of outlets; 7) the decision on the fate of material evidence; 8) the decision on the usage of information obtained as a result of secret investigative (inquiry) action in another criminal proceeding; 9) the decision to recover the freedoms of unlawfully detained persons and persons in custody. Functions of Ukrainian court triers, judging from the logical-structural scheme – subject, object and purpose on which their actions are directed, – are to fulfill the specified powers.
The court triers in criminal procedure
Senuk О. V.
In the article the process of forming and development of military preparation of students is rotined in higher soldiery educational establishments, soldiery educational subdivisions of higher soldiery establishments of Ukraine. The administrative-laws features of this process are rotined.
Starenkyi О. S.
The paper investigates the limits of the concept of proof in criminal proceedings. The author vision of a definition of the limits of proof in criminal proceedings.
Regarding the definition of the limits of proof in criminal proceedings
Filipiev А. О.
This article deals with civil procedural rules of EU, which were implemented by the Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations.
Yavorska О. S.
The article deals with novelties of legal regulation in the field of activity arising from joint investment. There have been analyzed issues of establishing and carrying out activity by corporate funds as well legal regime of share funds as institutions of joint investment. It was suggested to consider the company administering the assets a subject of joint investment.
Legal status of subjects of joint investment