№2(10)/2014
Dr. Melinda Hengl
Lawyer, psychologist, expert in sign language for intercultural communication, graphologist and handwriting expert (University of Pecs, Faculty of Law, Department of Criminal Procedure Law and Forensic Science, Hungary)
It was compared the branches of one of the special fields of forensic expertise, handwriting analysis, and have pointed out their corresponding and differing features. It was summarized in a table with the key terms. It can be clearly seen that graphology and handwriting expert have ancient roots, while all three branches can take pride in renowned foreign and Hungarian representatives. It was examined the nature of expert opinions on personal identification related to handwriting (graphology and forensic linguistics provide an identification of groups while handwriting expert is capable of individual identification). It was introduced their methods (graphology and handwriting expert have the trio of analysis, comparison and evaluation in common), their tools (for the most part the same in the case of graphology and handwriting expert), their main tasks (personality profiling for graphology, identification for handwriting expert and conclusions deduced from stylistic features in forensic linguistics) and the main areas of application (all three can be used in criminalistic). It was also touched upon the role of intuition for all three.
Comparison of the Branches of Handwriting Analysis (eng.)
Horvath Orsolya
PhD student, Department of Criminal Procedure and Criminalistics,
Faculty of Law (University of Pecs, Hungary)
Scent identification line-up is a procedure that used by numerous European countries like Czech Republic, Poland, Bulgaria, Denmark, Netherlands, France and Hungary. It is a method with special trained dogs (scent identification dog) and the result of this procedure is accepted as part of the evidence presented in Court. This paper describes the Hungarian forensic and legal utilization of scent identification method.
The Hungarian Method of Scent Identification Line-up (eng.)
Sivado M.
police major, teacher
(National University of Public Service
Faculty of Law Enforcement, Hungary)
The author studies criminal law policy on drugs and alcohol in Hungary, Europe and the United States. The problems of soft drugs legalization and the general prohibition of drug circulation in the context of struggle against crimes are analysed.
Drug Strategy in Hungary, Europe and the USA (eng.)
Balatska О. R.
The article discusses the legal grounds of the providing the right for defence as one of the general principles in criminal proceedings of Ukraine, the essence, the structure and some aspects of the contemporary legal regulation are investigated in the article.
Basay О. V.
The peculiarities of inheritance of copyright are investigated in the article. The author suggests the copyrights that are inherited, divided into two categories: general and special (which are characterized by special conditions of sale). The article deals with the protection of the moral copyright heirs. Not inheritable right of access, which is a personal right of the author and is closely associated with it. The author states right to royalties is an intellectual property right, not wages payable under the employment agreement (contract). By law, the rights to receive royalties are inalienable during his lifetime. The right to receive royalties owned by the author during his lifetime, but was not received, transferred by inheritance. It is mentioned the need for legal regulation of the right to recall the product.
In determining the rights that can pass through inheritance must be considered: first, the type of intellectual property rights (property and non-property); secondly, intellectual property rights which inheritable; thirdly, the identity of the testator.
Bohiv Y. S.
The article deals with the approaches to the definition of the categories of «self-governance», «democracy» and «people’s power». The author examines the local government as one of the forms of realization of the principle of popular sovereignty and defines different mechanisms of realization of people's power in local government.
Local government as a form of realization of the principle of popular sovereignty
Bontlab V. V.
In the article the scientific and theoretical study of the principles of civil procedure in present conditions, based on the needs of society, law and state, the rights and freedoms, the need to optimize the model of civil procedure are investigated. The rules of civil procedure law, the doctrine of civil procedural law are studied. Conclusions and suggestions for improving the system of principles of civil procedure law were done.
The principles of civil procedure in advanced conditions present, scientific and legal aspects
Vasylyna N. V.
Theoretical and practical aspects of procedure notary form of averment, acknowledgement rights and facts, that has juridical meaning, and also notary acts.
Notaries public service: the legal nature and characteristics
Vinogradovа А. І.
Based on the analysis of scientific sources in the article the issue of nominating versions in the investigation of criminal violations of the legislation on protection of herbs.
Versions nomination in the investigation of criminal offenses under art. 247 of the CC Ukraine
Holub І. H.
This article investigates a number of issues related to temporary preventive measure – detention of suspects of women at the time of detention have children under school age and features of the rights of their children. In Ukraine the criminal process has significant gaps on the protection of motherhood and childhood, including the application of preventive measures, including detention.The need to introduce in the criminal process another standards for the protection of children’s rights of suspects and accused women is substantiated in the article. The author highlights the need to protect children who are not participants in the criminal process, but their rights are violated in criminal process, and this problem needs legislative regulation and implementation in practice.
Compliance human rights when detaining of women in criminal process
Hribov М. L.
On the basis of criminal law, criminology and forensic evidence of the robberies committed by organized criminal groups, as well as the generalization of the practice of law enforcement agencies on the detection and investigation of these crimes formed their operatively-search feature.
Tracking description of robberies committed by organized criminal groups
Drobko Е. V.
The article deals with the interaction of Ukrainian state (represented by the Ministry of Defense of Ukraine) and the Church (religious organizations) in the area of freedom of conscience and religion in Ukraine. Detailed analysis of the formation of an effective legal mechanism for cooperation between the state and various religious denominations, including religious organizations in the formation of a democratic civil society. Also the analysis of international instruments, laws of Ukraine, which was formed during the years of independence in terms of providing pastoral care of the Church (religious organizations) of the Armed Forces of Ukraine. The study found that the Ukrainian state legal mechanism gradually formed government in Ukraine interoperability and the Church (religious organizations) on the exercise of freedom of conscience and religion. Currently there are significant developments in legislation in this area, at sub-legal acts. The formation of the regulatory framework continues.
Drobush І. V.
The article explores current issues of consolidation of local communities, which consist in determining the optimal territorial base capable of local communities, local government such communities, authority to provide public services. Based on the experience of foreign countries in the ways of improving the mechanism of consolidation of local communities.
Association is formed in the manner prescribed by law, taking into account the views of local communities, as well as historical community socio-economic infrastructure of communities of conditions and opportunities for the provision of public services at the level not less guaranteed state standards, to ensure the proper functioning of local government. This association of local communities should not lead to a deterioration in the quality of public services provided to members of local communities. It is important to ban the formation of association of community administrative units that do not border each other. Attention is focused on the need to improve the legal framework of the mechanism of the right of local communities to unite in the modern world.
Kalinichenko V. V.
The problems of organizational maintenance of the functioning of the Supreme Economic Court of Ukraine are investigated in the article. Attention is paid to the need to intensify scientific research of legal issues of organizational support of functioning of the Supreme Economic Court of Ukraine. The author notes that the objective of ensuring the functioning of the organizing of the Supreme Economic Court of Ukraine can be considered as the creation of appropriate conditions for the effective functioning of the judicial authority and the exercise of justice.
Some problem of organizational support of functioning of the Supreme Economic Court of Ukraine
Kataieva Е. V.
In the article on the basis of theoretical analysis of substantiated assumptions of development of professional competence of court of the administrative courts, taking into account their specific professional activity. The specifics of development of professional competence of judges of administrative courts needs of a detailed theoretical and methodological studies, on the basis of generalization of practices experience of professional judges. As well as developing appropriate methodologies and elaborating qualitative and quantitative characteristics of their competence on components.
Theoretical bases of development of professional competence of judges of administrative courts
Kovalchuk S. О.
The independence of each of the following methods of collecting of material proofs by the prosecution side substantiated and range of objects, that can be obtained by its use, determined. Points to the need of an immediate review by investigator, prosecutor of all objects, that have been extracted or obtained, regardless of the methods of collecting of material proofs. Depending of the methods of their collecting, the features of procedural fixation of objects, that have been extracted or obtained, defined.
The methods of collecting of material proofs by the prosecution side
Kostiuk V. L.
In this article the question of the nature of the constitutional right to work on the basis of its social, constitutional and legal nature. Emphasized the fundamental role of the state and society to create appropriate conditions for the right to work. A systematic analysis of the provisions of the provisions of the Constitution of Ukraine, the legal doctrine on the content of the right to work its features. Proved the close relationship the right to work and other labor rights. Prepared conclusions and suggestions.
The constitutional right to work in new conditions present: scientific and legal aspects
Kryzhova О. Н.
The main difficulties caused by the definition of the notion of rule of law are analyzed in the article. It is found out that monosemantic, laconic and precise interpretation of the principle of the rule of law, and also its place in the system of the principles of law, will contribute to the introduction of the rule of law into the enforcement activity. The author emphasizes the necessity of a detailed research of the issues of independence of the judiciary, creation of a jury trial, increase of effectiveness of court decisions completion, which will contribute to the establishment of supremacy of the rule of law in the enforcement activity.
The introduction of the rule of law into the enforcement activity: conceptual aspects
Martyniuk R. S.
The subject matter of the realization of the constitutional and legal status of the President of Ukraine, in particular in the field of cooperation of the Head of the state with the system of executive authority bodies, is investigated in this article. The issue about correlation of the functions and powers of the President of Ukraine is raised. Given arguments for the determining importance of the constitutionally established functions of the President of Ukraine for building system of his powers. Constitutional fundamentals of the dualism of executive authority in Ukraine as well as peculiarities of the functional matching of the President of Ukraine with the executive authority and their influence on the mechanism of the realization of the constitutional and legal status of the President of Ukraine are analysed. Negative consequences of the unsuccessful dualistic construction of the executive authority in terms of «coexistence» of the opposed in relation to the party of the President of Ukraine and Prime Minister of Ukraine. Author’s vision of the solving of the problems specified in the investigation has been defined.
Melnyk V. P.
The scientific research is devoted to the definition of basic legal principles that establish the concept of rehabilitation of the disabled, its key features and species. The analysis of the realization of rehabilitation and analyzes the main international and national regulations governing the rehabilitation of disabled people in Ukraine is carried out in the scientific study. An important element in the definition of rehabilitation of disabled person is legally defined measures and methods of rehabilitation, which mainly reveal the essence and rehabilitation and rehabilitation services.
Mykulets V. Y.
This paper examines the concept of information and legal support traffic in Ukraine, disclosure of the nature and importance of information and legal support (software) traffic safety, its formation and development as part of a common information space traffic safety and regulatory support this sphere and . At present, Ukraine has all the necessary conditions for the establishment and development of information legislation in the field of road safety. Legislative acts regulating the information traffic safety is a large number of regulations of national legislation and international. All regulations play an important in ensuring stability in the economy that are designed to improve the process of road safety, the provision of equal rights and responsibilities of all actors and deficiencies that exist in the information sector. It should be noted that information and legal road safety situation is determined by the rapid change in government, dynamism and severity of consequences in case of delayed response to changes, the emergence in recent years of new risks and threats to national security and the challenges of effectively countering them. The major disadvantage of providing traffic information in Ukraine is that social relations in this area are regulated by numerous acts that are not related to each other and do not have a clear mechanism for their implementation, and in some cases contradictory. Therefore, in our opinion, given the situation now, the need is to systematize all legal acts that would effectively regulate the relationship between the subjects of road safety, stakeholders, determine their level of responsibility. Improvement of existing information legislation in road safety should contribute to the development of the state, society and facilitate the implementation by the Constitution of Ukraine, the right to information and public information activities. Reform of information legislation in road safety should be carried out in stages. First of all, the basis for such reforms must go concept that will define the main priorities that will provide analysis of existing legal acts and repeal those rules that overlapping containing inaccuracies and contradictions.
Information and legal road safety in Ukraine: the nature and importance
Overchuk S. V.
In the article matters of specialization regarding the criminal proceeding realization in court in relation to infants in compliance with the provisions of the new Ukrainian Code of Criminal Procedure are considered. The conclusion is made about the reasonability of creation of juvenile courts.
Panasiuk S. V.
The scientific and theoretical study of the principles of civil procedure in present conditions, based on the needs of society, law and state, the rights and freedoms, the need to optimize the model of civil procedure are conducted in the scientific article. Studies the rules of civil procedure law, doctrine of civil procedural law. Committed conclusions and suggestions for improving the system of principles of civil procedure law.
Problems and Prospects of Improvement of Constitutional Crotection of the Social rights
Pysmennyi D. P.
A comparative analysis of the study discipline «Criminal proceedings» in the context of reforming the criminal justice system and higher education is done. The autor makes a conclusion that a set amount of training hours required for the study of this discipline and adopt a typical training program on the new criminal procedure law. Learning discipline «Criminal proceedings» shall promote understanding of the importance which should guarantee the rights and freedoms of the individual in criminal proceedings as enforcement of the rule of law for the purpose of establishing justice.
The criminal procedure legislation of Ukraine: some questions of law and teaching
Pohoretskyi М. А.
This paper analyzes the opinions of lawyers on the concept of criminal procedural guarantees. Distinguishes them sutnistni signs and on the basis of their author formulated the definition of criminal procedural guarantees.
The concept of criminal procedural guarantees
Popeliushko V. О.
In the article on the basis of analysis of the valid Criminal Procedure Code of the Federal Republic of Germany and German scientific literature, the research is made on preconditions, grounds and procedure of the judicial control on the pre-trial inquiry of such coercive measure as detention applied by investigating magistrate of the district court and Federal Supreme Court upon the criminal procedure of the Federal Republic of Germany. In addition, the study is conducted on the grounds and procedures of extending detention period, procedural methods of examining detention application reasoning such as motion for examination, complaint against arrest and official court investigation. Finally, on the basis of the mentioned resources such issues are explored as the issue judicial control over execution of decision on pre-trial detention and control over detained person’s right on information exchange.
Court Arrest as Coercive Measure in the Criminal Code of the Federal Republic of Germany
Pchelina О. V.
Most crimes in the sphere of service activity are committed by officers using their position, influence, relationships and so on. Moreover, a large proportion of these crimes aimed at acquisition of some material possessions. Accordingly, a large amount of trace pattern will be reflected in all sorts of documents, including accounting and financial reporting. In addition, methods of committing outlined crimes are implemented through various business transactions. And, therefore, the investigator need expert help on economic issues. Because without such help the criminal proceedings will be ineffective. In this regard the article reveals the meaning of special knowledge. The necessity of using special economic knowledge in the investigation of crimes related to service activity is substantiated. The basic forms of using specialized knowledge in economics during the preliminary investigation of outlined crimes are highlighted.
Syza N. P.
Definition of purpose, destination and tasks of criminal proceedings in this article. The system of court’s tasks of the Preparatory stage of the proceedings in criminal proceedings in Ukraine is formulated on the basis of new rules of Code. The system of court’s tasks of the Preparatory stage of the proceedings in criminal proceedings in Ukraine is composed: verify requirements of criminal procedural law the legal documents submitted by prosecutor; consider the complaints and petitions participants in criminal proceedings; to find out the conditions for the completion of criminal proceedings; establish the no violations of the Criminal Procedure Act hindering purpose of the trial; resolve issues related to the preparation for trial.
The Court's tasks of the Preparatory stage of the proceedings in criminal proceedings in Ukraine
Torosh S. О.
This article examines the key issues about the causes and circumstances of ethnic conflict, the importance and timeliness of actions of the international community in solving these problems. It analyzes the theoretical and legal approach to the ways and methods of prevention and resolution of conflicts.
Legal mechanisms for the resolution of international conflicts: the concept and phenomenon
Fominykh S. F., Nekrylov S. A., Afanasenkov V. O.
The article describes the conflict between one of the largest Russian politician of the beginning of the twentieth century, the delegate of the Third and the Fourth State Dumas G.G. Zamyslovskyi, who was the head of the radical movement called «A Black hundred» and the ordinary professor of the department of History of Russian Law in the Imperial University of Tomsk I.A. Malinovskyi. The main reason of this conflict were their different political positions. The reconstruction of the conflict is made by analysis of the verbatim report of the session of the Third State duma, materials of the newspaper «Siberian life» and other resources.
Malynoskyi I. A. under a fire of criticism of Russian conservative party (rus.)
Khmara М. V.
The article is devoted to the study of part-time employment as a social and legal category. Analysis of national and international legislation on the legal regulation of part-time employment. The provision is stated that the legal provision underemployment needs improvement to ensure proper implementation of the right to work.
Underemployment as a socio-legal category
Tsymbaliuk V. І.
In the article it is found out the legal nature and place in the system of special confiscation legislation of Ukraine. Considered the views of scholars on forfeiture place in the system of punishment and expressed its position on the improvement of legislation on special confiscation.
Legal nature of the special confiscation
Shvydkova О. V.
The search is one of the ways of evidence gathering. The search law procedure compliance is a necessary condition of admissible evidence obtaining. The scientific article deals with the legal grounds regulation and procedural foundations of the order of this investigation action. The range of individuals (subjects) authorized to search during the pre-trial investigation is determined. Legal search grounds conduction and procedural safeguards to achieve its aims are explored. The legal rules that ensure constitutional rights and personal freedoms compliance of individuals participating in the searched are analyzed.
Special attention to the search conductions peculiarities without investigating judge decision in urgent cases and with a special mode of pre-trial investigation in the area of counter-terrorism operations is paid. The conclusion about the prosecutor authority absence to authorize the search of a dwelling or other property in the area of counter-terrorism operations, except for emergency cases related to saving life and property or the direct person’s pursuit who are suspected of having committed a crime.
The search as a way of evidence gathering
Yatskevich І. І.
The article deals with the concept and stand out features of international legal regulation of legal guarantees in the workplace, the degree of compliance with applicable national labor law established international labor standards, and the prospect of improving the legal regulation of legal guarantees of individual rights to work in the draft Labour Code of Ukraine.
The concept and characteristics of international law legal guarantees in the workplace