№2(8)/2013
Kohalmi L. Dr.
Head of Department of Criminology and Penal Law
Faculty of Law
(University of Pecs, Hungary)
The protection of the environment through criminal law goes back on a considerable tradition in the Hungarian material criminal law. There is no production without damaging the environment and the protection is in many fields of the production only a possibility that is why it is often difficult to provide reasons for the legal grounds of the penalty for environmental crimes. Criminal law can work really effectively if the society provides the branches of law (e.g. civil law, administrative law etc.) as well. The punishment of the delinquent is not a sufficient solution of the environmental damage, and it is to be considered whether the reparative point of view (e.g. in intergrum restitutio) should enjoy priority when applying legal consequences. The protection of the environment through criminal law is to be enhanced when the environmental norms are being observed by the state. The environmental legislation is partly to be interpreted as virtual legal material because of the deficient factor of the execution.
Environmental crime and environmental criminal law in Hungary (eng.)
Kreca Milenko, Dr.
Professor, University of Belgrade Faculty of Law,
judge ad hoc of International Court of Justice,
member of the Permanent Court of Arbitration,
judge ad hoc of ECHR, member of the Venice Comission
The author analyzes the very complex issue of succession of States in respect of human rights multilateral treaties by challenging the automatic succession rule. The analysis focuses on both theoretical perceptions of the automatic succession and its application in practice. In that regard, the article provides for a detailed analysis of not only the relevant jurisprudence of the International Court of Justice and its predecessor the Permanent Court of International Justice, but also the practice of States as regards the rule embodied in Article 34 of the Convention on Succession of States in Respect of Treaties. He devotes proper attention to events relating to the dissolution of the USSR, Czechoslovakia and the former Socialist Federal Republic of Yugoslavia. The article further examines the relationship between automatic succession and notification of succession since the two concepts seem to be mutually exclusive. However, it also questions the most important argument in favour of the automatic succession rule – the claim that its absence would undermine stability and certainty in the international community.
Is the rule on automatic succession of multilateral human rights treaties necessary? (eng.)
Mitrovic M. Dragan
Professor, Faculty of Law
(University of Belgrade, Serbia)
It is very difficult to determine the law precisely. It especially applies to the idealistic theories of the law. They can be classified into naturally-legal, aprioristical-phenomenological, existentialistic, culturalistical theories or in some other way. Under them can also, for a special occasion, be classified few of the contemporary multidisciplinary theories. Despite their numerousness, not a single idealistic theory can provide either a reliable or a definitive answer to the question of what the law is. For this reason the differentiation should be made between the idealistic and the idealised and the ideal concept of the law. The problem is in that the idealistic concept of the law is inoperative, the idealised concept of the law is not correct, while the ideal concept of the law is out of human’s reach. One may ask oneself how it is possible at all to determine the law idealistically. The answer to that question can be found by linking it with justice or some other value, as well as by using the teaching of the three worlds of the law through which it is possible to surpass dualism of the natural law and the positive law. The most difficult is to explain how the values of the natural law flow into the positive law. However, it is also attainable through the operative use of one or a number of naturally-legal values in the form of the legal policies or the decisive measurements which can be used for the choice of the legal priniciples through which the natural law flows into the positive law and becomes its part. For example, justice flows into the positive law through fairness, security through certainty, etc. One thing is for certain: both the realistically determined law and the ideallistically determined law always exist for the people, and not the people for the law. It also apllies to the natural law which becomes operational whenever it flows into the positive law.
The idealistic concept of the law (eng.)
Moniuszko Adam
The legal regulation and practical implementation of grievance procedures in the courts of the Mazovia province at the turn of the sixteenth and seventeenth centuries are researched in the article. It is noted that the limitation process was used not only in civil cases, but in a large part of criminal investigations. The basic principles of this type of process are analysed.
Basay О. V.
The article is devoted to research of a principle of impermissibility of any intervention in private life sphere. The concept of private life, the right to private life, main principles of its protection are defined.
Vodopian Т. V.
Active capacity of persons under 14 (juvenile) in the Ukrainian civil law and the dynamics of its development are analyzed in the article. Features of such active capacity component as contractual capacity are researched.
Juvenile Active Capacity Features in the Ukrainian Civil Law
Wystorobets Е. А.
The author considers legal features of the fragments of international law on regulation of environmental and energy relations. The areas of regulation within the international energy law are subdivided out by the objects. The idea of interactions of forms and sources of law is depicted. The quantitative dimensions of the agreements are made by the matter (subject matter), the number of the parties and lineages (genealogy). It is concluded that there is an option to have international energy law considered as relatively independent branch of international law, mainly public and partially private.
Interecolaw and international energy law: a comparative analysis (rus.)
Halahan V. I., Kovalchova O. M.
Procedural activities of officials of diplomatic missions and consular institutions of Ukraine to beginning pre-trial investigation of the study of criminal offences in the foreign diplomatic institutions of Ukraine are considered. The attention is paid to items unresolved in current Ukrainian Code of Criminal Procedure concerning registration such offenses in the Unified Register of pre-trial investigations, possible solutions are offered and argued.
Ermolnina М. А.
The article analyzes the problems of sustainable development in the context of modern challenges and threats. The author compares the policy priorities of developed and developing countries, focusing on the principles of sustainable development. Increasing poverty, depletion of natural resources, the problem of access to resources, according to the author – the problems concerning not only developing but also developed countries.
The concept of sustainable development: law and policy (rus.)
Yevkov А. М.
This article investigates the possibility of legal qualification of a computer program as scientific work within the range of objects which are protected by copyright, and also the relevant criteria for the classification of computer programs as scientific works are identified and described herein.
Issues of legal qualification of a computer program as literary work or scientific work
Yevhutych І. М.
The article raised the question of the origins of common law and morality. Author determines the general features of law and morality as social norms of civilized society.
Morality and law as components of spiritual culture of mankind
Ivannikov І. А.
The article is devoted to a summary of the scientific and public activities of professors of law Ioannykii Oleksiiovych Malynovskyi. Period of life I. A. Malinowski from 1917 to 1920 years in Rostov-on-Don was the brightest in his scientific and socio-political activities and the most difficult in his life. In this city he published the most important of his political work. In 1920, he was arrested and sent to serve their sentences in places of deprivation of liberty. Forgotten in the Soviet Union for seventy years the name of the scientist and his works since 1992, once again attracted the attention of historians of state and law.
The historian of Russian law Ioannykii Oleksiiovych Malinovsky: the life and activities
Ivanov S. О.
The analysis of the theoretical achievements of scientists, the current legislation and law enforcement practice concerning the mechanism of compensation for loss of state budget entities is made in the article. It is shown that despite the introduction of current legislation treasury forms of service in government expenditure obligations of government budgetary institutions defendant in these categories of cases should be recognized related budgetary organization as a legal entity of public law. This is justified by the possibility of participating in a trial in these cases representative authorized central executive body to the formation of government financial policy and representatives of government, which is run by the state budget institution debtor as third parties who do not claim independent requirements subject of the dispute on the side of the defendant.
Features consider cases concerning state budget institutions – the defendants
Ircha Y. B.
The article, which is based on the study of scientific literature and legislation, determines the role of local authorities in combating the extremism system in Ukraine
The role of local authorities in combating extremism system in Ukraine
Ishchyk S. І.
The tax mechanisms supporting the activity of civil society institutes are considered in the article. The author drew attention to the question of acquisition and privation of civil society organizations the status of unprofitable establishments and organizations with the aim of taxation, the features of profits taxation of civil society institutes are defined. The problem of realization of the institutes’ economic activities of civil society is considered in the context of the special mechanism of taxation.
Legal frameworks of indirect sponsorship of civil society institutes in Ukraine
Kernytska V. V.
The article reveals the characteristics of the legislative base that regulates the right to strike. It prescribes the procedure for the realization of these rights by the employees of enterprises, institutions and organizations, as well as events of its prohibition.
The right to strike and the order of implementation of labor relations
Kovalchuk V. B.
The author of the article examines civil society as the basic legitimation subject of state power. Public organizations, independent mass media, are exposed as effective institutes of civil society, that carry out control after activity of public government bodies, giving to them legitimate character.
Role institutes of civil society in the process of legitimation of public Ukraine authorities
Kompaniec D. О.
The article deals with particular questions of competitive intelligence as information and analytical work of modern enterprise for receiving competitive benefits and achieving the goal of business activities. Main aim and tasks of competitive intelligence are defined.
Competitive intelligence as a marketing instrument of modern business
Kostiyk V. L.
In this article the scientific and theoretical study of the conceptual foundations of labor and legal status of state servants in the new edition of the Law "On Civil Service" is done. The right of citizens to public service and the procedure for its implementation are analyzed. The range of rights and duties of state servants, and the procedure will incur legal liability is determined. Appropriate conclusions and suggestions for law projects are done.
Lukyanchikov B. E., Lukyanchikov E. B.
In the thesis the concept and characters of criminological characteristics of crimes are analyzed. It is noted that currently developed at the appropriate level of criminal-legal, criminological and crime characteristic. In a state of development is a forensic psychological characteristics, justified recommendations for its implementation in law practice.
Building characteristics crime
Lyulich V. А.
This article examines the question of the defense of the right to collect evidence by obtaining temporary access to the things and documents. Highlighted the problems of practical use of such a right defender and suggests appropriate changes to the Criminal Procedure Code of Ukraine.
Temporary access to things and documents as a way of gathering evidence protector
Martyniuk R. S.
Problems of changing of the form of government in Ukraine are investigated in view of expected constitutional reform. Author’s position on the best form of government for present Ukraine as well as its constitutive elements is offered among other things.
Review of the form of government in Ukraine: reasons for and content of the constitutional reforming
Morozova О. М.
In narrative form – historically and culturally grounded interpretation of one aspect of the world from a certain position – life of professor I. A. Malinovskii as intellectual, scholar, public and political figure is described. A new aspects of life and work of the native of Ostrog (Ukraine) are shown, based on archival sources, including the diaries of the I. Malinovskii. The little-known facts about staying I. Malinovskii in Yekaterynodar are presented.
Narrative of Professor I. A. Malinovskii (rus.)
Ovsyannikova О. О.
The article gives historical analysis of the judicial power openness principle formation worldwide and specifically in Ukraine. The contents of the legal process openness during various historical periods is analized. Major positions as to the definition of the above principle nowadays are stated.
Genesis of the judicial power openness principle
Orlovska N. А.
The article is devoted to the criminological system’s definition and essence; the national criminological system building expediency research. The applied aspects of the national criminological system concept are presented.
Actual problems of Ukrainian criminological system
Ragulin А. V.
Based on a combination of differences in the types of legislative acts regulating the corresponding counsel professional rights and differences in the stages of criminal proceedings, the author comes to the conclusion that in modern Russian legislation system there are status and sectoral professional rights of the counsel. The first group includes the rights that stipulates from the lawyers’ independence guarantees and law resulting actions to be done by counsel. The second provides professional rights of the counsel, that belong to all stages of criminal proceedings, to the pretrial stages of criminal proceedings, and those that correspond at the trial stage of criminal proceedings.
Rodoman Т. A.
The characteristics and features of the contract conditions changing by the court decision on the basis of the one party requirement in the event of the substantial breach of a contract by the other party are analyzed in this scientific article. Criteria of contract substantial breach as the basis of the contract conditions changing by the court decision are determined.
Smokovych М. І.
The procedure of the cases consideration concerning office discontinuance of the Deputies of Ukraine by the court due to the incompatibility of the deputy’s mandate with other activities is analyzed in the paper. It is noted that the current legislative regulation of consideration of such cases by the Supreme Administrative Court of Ukraine as a court of first instance violates Article 13 of the European Convention on Human Rights.
Features of consideration of the cases concerning the Deputies of Ukraine office discontinuance
Udovenko Z. V.
The article is devoted to study certain aspects of the implementation of the principle of inviolability of private life in the stage of pretrial investigation at the production of some of investigation of action. Made specific proposals on improvement of the criminal procedure legislation.
Privacy in investigative action
Fedoruk О. Y.
In the article, the issues of exercising the right to work by youth are being addressed. The regulatory and legal acts that govern the issue of youth employment are being investigated. In addition, the problems associated with application of theoretical guarantees in practice are being analyzed.
Youth employment: legal aspects and their implementation in practice
Fesenko E. V.
Theoretical and practical aspects of the classification of criminal offenses are analysed. Attention is drawn to the merits meaningful and formal legal criteria for the grounds of criminal responsibility in the application of criminal law. It is grounded the balanced approach to reform of the Criminal Code of Ukraine, which promotes to decriminalization as unjustified and excessive criminalization of socially dangerous behavior.
The problem of classification of criminal offenses
Fominykh S. F., Gribovsky M. V., Nekrylov S. A.
The everyday life in Tomsk at the end of the XIX – beginning of the XX century of professor of faculty of law of the Imperial Tomsk university I. A. Malinowski is researched on the basis of sources of personal origin and periodicals is studied. Authors investigated personal communication, family relationships, lifestyle, leisure and other aspects of everyday life of I. A. Malinovskii.
Everyday life of I. A. Malinowski in Tomsk (1898-1913) (rus.)
Fominykh S. F., Gribovsky M. V., Nekrylov S. A.
In the article academic relations between Ukraine and Tomsk, especially in the destiny of the law professors, are remodeled. The categories of Tomsk law professors by type of professional relations with Ukrainian universities are highlighted into: professors who have studied in Ukrainian universities, professors, who worked in Ukrainian universities before moving to Tomsk; professors who defended dissertations in Ukrainian universities, professors, who worked in Ukrainian universities and other scientific and educational centers after leaving Tomsk. The usefulness of pre-revolutionary experience of academic mobility of the law professors is noted in the article.
The article reveals the updated legal principles peculiarities of administrative responsibility for transport discipline violation between the traffic participants in Ukraine.
The Unresolved questions of administrative – delictive nature in the of traffic safety