№2(6)/2012
Fominykh S. F.,Nekrylov S. A.
Previously unknown pages from Tomsk period of life of Professor I. A. Malinovskyi are disclosed in the publication. Based on analysis of documents of State archives of the Tomsk region, the Russian State Historical Archives Department and other materials, the reconstruction of the conflict of trustee of the West Siberian education district L. I. Lavrentiev with professors and students of the Imperial Tomsk University, particularly with I. A. Malinovskyi is made.
Disloyal professor: how I. A. Malinovskyi was fired from Imperial Tomsk University
Adakhovska N. S.
This work highlights some aspects of the guardianship in the defense and protection of the property rights of those who can not carry their own and also offered the possible ways to improve the work in this field.
Legal status of the guardianship authorities in legal relation to the guardianship of the estate
Bodnarchuk О. H.
The article is based on an analysis of the phenomenon of professional deformation of the reasons and conditions that affect the development of corruption in the State Penitentiary Department of Ukraine.
Bochkova І. І.
The author analysed the legislation of Ukraine regulating various aspects of use of biotechnology in the industry, and drew a conclusion that it is necessary to improve legal base. It will allow to use more effectively biotechnologies, to resist to negative influence on national economy of the crisis phenomena and globalization processes.
Biotechnology as a solution to the important problems of our time: the legal aspect
Vorobel U. B.
The enforcement features of the institution of abandonment of the claim without consideration at the stage of the appellate review of judicial decisions, as well as peculiarities of the implementation of such powers of Court of appeal as reversal of a judgment of the Court of original jurisdiction and abandonment of the claim without consideration are researched. The issues of legal regulation of specified powers are analyzed and practical recommendations of their solution are suggested.
Herasymchuk О. P.
In this paper attention is paid to the historical aspect of the victim's status in the domestic criminal process. The dependence of the limits of the dispositiveness from historical forms of criminal procedure, their manifestation in the victim status is researched. The effect of state regulation on the verge of the dispositiveness is analysed.
Genesis of the victim's status in the domestic criminal procedure
Hryniuk V. A.
The article describes the problems of formation and functioning of the judiciary in the Soviet era and offered bases its development in Ukraine.
Hryshchuk М. V.
The author analyzes the issues of legal regulation of labor in the legal system of Ukraine, cooperation on these issues at the international level. The need to improve the legal regulatory framework of labor protection is justified.
The legal regulation of labor in Ukraine: reality and prospects
Yeni О. V.
A definition of inner conviction of a prosecutor is given in the article. Taking into consideration provisions of Criminal proceeding code of Ukraine 2012, peculiarities of its formation and emersion in criminal proceeding are researched.
Inner conviction as necessary condition of prosecutor’s acting in criminal proceeding
Zahrebelnyi V. V.
In the article, there are investigated the reasons of low level in law enforcement of the norms of The Business (commercial) Code of Ukraine, The Code of Ukraine about the Administrative Infractions, and The Criminal Code of Ukraine, concerning the part that contains the regulation of question about legal liability for infraction in the sphere of bankruptcy.
Zelensky S. M.
The scientific heritage of Academician I.O. Malinovsky and its importance for establishing the principles of rule of law and legality in criminal proceedings of Ukraine is analysed in the article.
Adoption principles of the rule of law and legality in criminal proceedings of Ukraine
Ishchuk S. I.
The article is devoted to the analysis of conceptual changes in the legal adjusting of right for free associations which are inculcated by Law "On public associations". Author considers the questions of terms, which are used for denotation of citizens associations and also structure and features of legal status of such organizations.
Basic principles of realization of right on freedom association in Ukraine
Kamenskaya N. P.
In the article, the author develops the concept and special features of up to date underexplored legal category – institute of public administration requests. Components of this comprehensive legal formation in the light of differentiating and integrating interlinks in the specified scope are described.
Institute of public administration requests: concept and special features
Karnaukh T. P.
There was made a review of the list of personal non-property rights, which can belong to legal entities of public and private law. In the article was emphasized that certain targeted rights can not belong to particular legal entities.
Personal non-property rights of legal entities under private and public law
Kitsan Y. І.
The article reviews relevant theoretical and practical problems of jurisdiction of criminal cases, including legal concepts and properties jurisdiction, procedure for settling disputes investigative jurisdiction. Proposals for improvement of the current criminal procedural legislation regarding issues jurisdiction of criminal cases.
Investigative jurisdiction of criminal cases
Kovalchuk V. B.
In the article the issue about interrelation of civil society and state authority is engaged. On the basis of theoretic and juristic analysis the author arrives at conclusion that civil society cannot be rendered as antithesis to the state whereas civil society is impossible without democratic, legal state as well as democratic, legal state is impossible without civil society. Indeed, just in civil society public interests are being formed, that theoretically are in their own way the "materia" on which state authority are being built.
About legal nature of civil society and state authority
Kostiuchenko О. Ye.
The article deals with the problems of the legislative financial security in Ukraine. Examined the legislative function of Parliament as a way to improve security of the financial system in the state. Suggest ways to improve the work of the Parliament to provide immediate and adequate regulation of relations to ensure financial security in Ukraine.
Parliament as a subject financial security of Ukraine
Kramar S. I.
In the article, pre-conditions of the self-government system formation of Armenian society of Kamianec on Podilla in XVI-XVII centuries are investigated. The bodies of management of such society, the order of their forming and plenary powers are determined by the author. As a result, features in the system of the municipal management of Armenian society are determined.
Self-government of Armenian society of city Kamianec on Podillya in XVI-XVII centuries
Krul S. M.
The questions about the information guide providing the initial phase of the investigation of robberies in typical investigative situations after entering the information into the Unified Pre-Trial Investigations Register are analysed. It is emphasized that the key to the successful investigation of robberies is a dynamic investigation, namely the ability and opportunity of the investigator to make decisions quickly and get the needed information, use of mobile computer devices.
Kulakovskyi P. M.
Becoming of diet court as one of higher judicial instances of the Polish-Lithuanian Commonwealth in the article is analysed. Certain limits of his jurisdiction, reconstructed process of rule-making. The special attention is spared to the features of the diet rule-making in relation to the Ukrainian palatinates. The use in the Ukrainian matters of the volhynian right stipulated the fact of bringing in to rule-making of the Ruthenian notary of the Crown chancery, that knew her office work in relation to the Ukrainian palatinates .
Kuryliuk Y. B.
The blanket disposition of the crime, covered by the Article 419 of the Criminal Code of Ukraine, its distinctions and admissibility of legislative acts, which include the rules of the Border Guard duty, are considered in the Article.
Distinctions of a blanket disposition of the Article 419 of the Criminal Code of Ukraine
Leonov B. D.
The legal issues to ensure the fight against terrorism are analysed in the article. It is highlighted that the Prevention Control of terrorism is a particular determination of terrorist crimes.
The prevention and combating terrorism
Lidovets R. A.
The article considers the legal regulation of responsibility in the contract of carriage of goods as an example of the public interest in civil law. The author justifies the proposal establishing full liability for loss, shortage, damage or damage caused by the presence of the carrier.
Lyash A. A.,Lishchenko V., M.
The historical development of the concept of evidence in criminal proceedings is considered. A definition of evidence in criminal proceedings is proposed as any evidence obtained in provided by the Criminal Procedure Code of Ukraine order on which the prosecutor, the investigating judge and the court determines the presence or absence of facts and circumstances relevant to the criminal proceedings and to be proved.
The notion of evidence in criminal proceedings
Martiniuk R. S.
The author of the scientific article analyzes the advantages and disadvantages of parliamentary, presidential and mixed republican forms of government; investigates the criteria and factors that influence the choice of form of government. The features of the political system of Ukraine, which require consideration in designing the national model of the mixed republic are also analyzed in the article.
Criteria and factors of choosing a form of government in Ukraine
Nikolenko L. N.
Scientific positions about the nature and characteristics of the judicial review proceedings acts due to new circumstances in the commercial proceedings are analyzed. Institute of the proceedings for judicial review of acts due to new circumstances in the commercial proceedings is defined.
Overchuk S. V.
In the article the Jury Institute is researched from the point of social naturalism, Jury Status is analyzed as well as the criteria of their selection according to the articles of Ukrainian legislation.
Potaichuk I. V.
The separate aspects of legal and organizational essence of cooperation of the special divisions on a fight against the organized crime of Ministry of Internal Affairs of Ukraine and Security of Ukraine Service with the office of public prosecutor, Ministry of justice of Ukraine (in particular with the State department of Ukraine according questions of execution of punishments), tax militia control revision establishments Government custom service are investigated in the article.
Ragulin А. V.
Results of the carried-out research devoted history of formation and development of institute of the professional rights of the advocate-defender (counsel) in Russia are given in article. In the conclusion the historical periodization of development of this institute and a number of other conclusions having scientific value is formulated.
Syza N. P.
The powers of a judicial investigator in criminal proceeding of Ukraine to exercise judicial control during pre-court inquiry are studied and classified in the article. Attention is attracted to the necessity of enforcing human rights, freedoms and interests in criminal proceeding.
Powers of a judicial investigator to exercise judicial control in criminal proceeding of Ukraine
Smokovych M. I.
In the article, which is a survey of judicial collisions resolution, research regarding some contradictions of electoral legislation norms is made. On the ground of conducted analysis of the case law the author ascertains that there is the possibility to avoid judicial collisions as a legal phenomenon only in via implementation of complex legislative, scientific and practical activities.
Collisions of electoral legislation norms: some problems of their resolution
Filipyev A. O.
This article deals with institute of choice of court (jurisdiction) according to the will of parties (agreement) in the main sources of international civil procedure of European Union – Regulation of Council of European Union – which nowadays are the basis of the universal law of European Union.
Khomych Т. М.
The definitions of violence and duress as the general scientific and criminal law categories are given in the article. The main legal features of violence and duress are highlighted and analyzed. The views of scientists on the correlation of the notions of violence and duress are studied, the similarities and differences of the abovementioned notions are presented.
The notions of violence and duress and their correlation
Shtohun S. H.
The problems of special training for the candidates for the position of a judge, the organization of which is assigned to the National School of Judges of Ukraine, are analysed. The author discusses about the procedure and format of such training as provided in accordance with the Law of Ukraine "On the Judicial System and Status of Judges", July 7, 2010.
Peculiarities of the training for the candidates for the position of a judge in Ukraine
Yurchenko O. M., Servetskyi I. V.
The article deals with the research of the sources of concept the special activity of the law enforcement bodies as the one, that comes true during the realization of vowel, secret inquisitional (of criminal investigation) actions. Theoretical positions of the criminal investigation law are considered.
Yaremchuk V. P.
On the basis of archival materials, scientific papers and other sources, the views by Lev Okinshevych on the history of state and law of Ukraine are revealed. Outlook and methodological foundations of the scientist creativity, his studying the Hetman state system and noble military society of the period are analyzed.
Ukrainian law historian Lev Okinshevych
Reviews
Popeliushko V. O.
In the review of the monography "Tomsk University – Research Center in the Asian part of Russia (mid-1870 – 1919)" by S. A. Nekrylov, doctor of historical sciences, professor of the modern Russian history cathedra at the National Research Tomsk State University, its relevance the not only for historians, but also specialists of other areas of scientific activities, is noted. Attention to the pages of the book, devoted to the history of legal science and education in the Tomsk State University and the contribution of immigrants from Ukraine, is drawn.
Ukrainian footprint in establishing and developing of the Tomsk University
Popeliushko V. О.
A review of the book entitled "Forensic fingerprinting" by I. S. Fomin, PhD, associate professor of criminology, Law Institute of the National Research Tomsk State University is presented. The conclusion of the high level of the monograph and its usefulness for researchers, practitioners and lawyers is made.
An interesting and useful work on forensic fingerprinting
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