№2(4)/2011


Popeliushko V. О. 

Based on a study of archives and other sources the article reveals the life and career of the outstanding native of Ostroh – academician, lawyer, scientist, political and public figure Ionikii Oleksiiovych Malynovskyi

  Academician I. O. Malynovskyi (1868-1932) – an outstanding scientific, educational, political and social activist



Bevzenko V. М. 

The article deals with difficulties arising during the enforcement execution. It is recommended to adopt the German experience in applying the notion "administrative act". Some alterations are offered to make in Economic procedural code of Ukraine, Civil procedural code of Ukraine, Code of administrative judicial procedure of Ukraine. These alterations regard the jurisdiction of appealing administrative acts of State enforcement service

  Particular qualities of appealing administrative acts of State enforcement service



Borzhetska N. L.

Some problems of the legislative regulation of one of the forms of pre-trial investigation completion, in particular the delivery of the decision on bringing a case about the release of a defendant from criminal liability to court, are analysed in the article. The author pays attention to the history of the origin of the fourth form of pre-trial investigation completion, its kinds and variations, conditions and reasons to deliver the decision on bringing a case about the release of a defendant from criminal liability to court by a prosecutor or investigator with a prosecutor’s consent. The existing inconsistence of some criminal and procedural criminal norms of this institution are emphasized, and the possible ways of how to solve the problems under research are offered

  The delivery of the decision on bringing a case about the release of a defendant from criminal liability to court as a particular form of pre-trial investigation completion



Boryskin S. А. 

The article examines the practical problems of the particularities appealing decisions, acts or omissions of the state executive office associated with the arrest of the debtor's property, its assessment, conduct of public bidding. The proposals to improve legislation are made

  Features of appeal against decisions, acts or omissions of SEO related to the arrest of the debtor's property, its assessment, conduct of public bidding



Hryshchuk М. V. 

The article deals with the investigation of the development of ideological and political basis of local governing and the influence of its components on civil society formation in Ukraine. The author elucidates his own concept of notions as for the formation of the basis of local governing. Ideological and political basis of local governing are investigated and priority lines of their politico-legal and organizational assistance are set.
The main tendencies of development of ideological and political principles of local governing in current political state of affairs and their influence of civil society formation are predicted

  The refinement of ideological and political basis of local governing as the way to civil society



Duhnevych А. V. 

The article deals with the implementation of the legal obligations to regims and tariff protection within the framework of World Organization of Trade. The international trade role and form of its regulation are determined. The problems of the structural reorganization of the national economy, the increasing of the standards production levels and agriculture industrial sector management are examined. The organizing of the new effective mechanisms of the national agricultural producers state defence are analyzed

  Implementation of agrarian-legal obligations of Ukraine to export regims and tariff protection within the framework of WTO



Yefremova О. P. 

In the article the normative base of competitive substitution of vacant positions in government service of Ukraine is analysed and the ways of development of positions are indicated about a competition

  The modern consisting of the legal adjusting of competition is of government service of Ukraine



Zhuk М. S. 

In the article the main aspects of the evaluation concepts formation in civil law in different historical periods are analyzed. Also the author examines the historical conditionality of inherent for a civil legislation tendency to the increasing of amount of evaluation concepts, related to the process of the legislative technique perfection, application of more flexible methods of the civil legal relations adjusting

  Historical aspects of the evaluation concepts formation in civil law



Zelenskyi S. М. 

This article describes the historical development of the legal institution that regulates the order of the trial and resolution of the criminal cases. The prospects for its further development are given

  History and prospects of the criminal cases resolution in court in Ukraine



Kostiuk V. L. 

This article reveals the scientific and theoretical aspects to the legal personality oftrade union. It defines specific features of the legal personality of trade unions in labor law. The publication details the legal aspects of the legal status of trade unions. The prospects for improving of legal personality concept. The proper conclusions and suggestions were made

  The labor legal personality of trade unions: the concept and pecularities



Lidovets R. А. 

The article deals with the content of the term "cargo", it features that directly affect the content of contract of carriage and separation from similar concepts

  Тhe notion of cargo under a contract of carriage



Loboiko L. М. 

In the article some aspects of criminal procedure legislation reformation in part of proving regulation are investigated, in particular those which touch legislative (legal) determination of the concept "proofs" and their sources; requirements to establish truth in every criminal case; correlation of information, collected during pre-trial realization, and information, got in the court. It is grounded in the article that concepts "proofs" and "truth" must not be regulated by a criminal-procedure law, but information, collected in pre-trial realization, must acquire "status" of proofs only in judicial realization

  Reformation of criminal procedure legislation in part of regulation of some questions of proving



Loskutov Т. О. 

In article it is investigated a subject and types of legal regulation in criminal trial. It is proved that the type of legal regulation of activity of subjects and participants of criminal trial define the rights and legitimate interests of the person which are an element of a subject of criminally-remedial regulation

  Subject and types of legal regulation in criminal trial



Ророvych І. І. 

An article reveals the characteristics of plastic bank cards as a specific type of account bank documents and determine the features of their anti-counterfeiting. The basic details of the protection of the most common bank cards, the ways of their entering the document’s validity identification are presented in this work

  Plastic cards as a separate bank documents – forensic characterization



Smokovych М. І. 

The article is devoted to the problem of judicial implementation of terms of limitation in administrative legal proceedings while handling public-law cases. The conclusion is made that the term of court in administrative proceedings in its content and the inner nature is analogous to the material legal institution of the limitation. It is proposed to unify a matter of definition, review order and the consequences of missing the term treatment in the Administrative Court to the economic procedural and civil procedural codes

  Term of limitation in administrative legal proceedings



Tsypiashchuk М. B. 

In the article the author defines professional thinking as a specific practically directed form of individual thinking which is predicated by the character of the actual professional activity. Professional thinking is formed on the bases of practical and theoretical mental acts, and is qualified by specific individual psychological properties, which serve to the effective solving of professional tasks

  Professional thinking of lawyers: theoretical bases of research



Chaikovskyi Yu. V. 

In the article are analysed a role and place of the state as a basic subject of international law in forming of modern legal order in global society. Attention applies first of all to the concept of international legal order, its correlation with legal order of the states. It is marked that over integration processes bring to expansion of action sphere of international law

  The state and the international legal order



Shmyndruk О. F. 

The article reviews the formation stage of commitment the accused for trial, as the historical form of the modern national stage of preliminary hearing by judge, in England, France, Russia, Austria and Germany on the basis of criminal procedural law at that time

  The formation stage of commitment the accused for trial



Yakubovska N. О. 

The article examines the history of international law in the aspect of the transformation of relations between the West and the Third World countries. It is based on idea, actively supported by Third World countries scholars, that the international law is still has colonial features which are displayed, among other, in the concept of "development"

  The concept of "development" as a new form of colonialism: the third world viewpoint(eng.)




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