№1(11)/2015
Balogh Agnes
Ph.D., аssociate professor
Department of Criminal Law
Faculty of Law
(University of Pecs, Hungary)
Paper presents the changing of sanction system of Hungarian new Criminal Code. The introduced cases help the understanding of the paper
Budahazi Arpad
Dr., PhD,
police captain, senior lecturer
Faculty of Law Enforcement
National University of Public Service
(Hungary)
The reliability and validity of polygraph examination depends on several factors: polygraph, the examination room, polygraph examiner, the questions and the subject of polygraph examination. If the conditions are not ideal, it can lead to a decrease in credibility. The examinations concerning validity involve certain risks and validity data does not necessarily reflect reality.
The Trustworthiness of polygraph Examination (eng.)
Gergi-Horgos Livia
Dr., аssistant lecturer
National University of Public Service
Faculty of Law Enforcement
(Hungary)
This paper deals with the prehistory of criminal justice, the development of charges and their forms, the most common types of the representation of public prosecution with special emphasis on the monopoly of charges of the public prosecutor through the criminal authority of the state and the principle of legality.
Horvath Orsolya
PhD student
Department of Criminal Procedure Law and Forensic Science
Faculty of Law
(University of Pecs, Hungary)
Criminalistics – as a method of detection and crime prevention – is an interdisciplinary science, which is using the results of technical developments. In the 21st century the aims of effective law enforcement is to keep up with scientific developments, therefore the latest methods and scientific results applications are also essential. This paper presents the problematic questions from fields of scientifical cognition, which influence the outcome of criminal procedure. Nowadays, there is a general expectation from parts of law enforcement (investigator, prosecutor, judge) to understand the modern method of criminalistics and have a general knowledge from the result of natural science and asking their questions if it necessary. However, do they really have the background knowledge and they are able to put questions to experts, and the most important: do they understand the answer? After the introduction of cognition, paper deals the application of scent identification line-up in this context. Aims are deeper cognition of this little part of criminalistics, and presenting its role in the forensic identification of the human scent as biological evidence.
Forensic Odorology And The Cognition Of Natural Science (eng.)
Nyitrai Endre
PhD student
Faculty of Law
(University of Pecs, Hungary)
The work of the investigative bodies and the success of the investigation (the fulfilment of investigative tasks) are hugely influenced by the available data.
Our everyday life would be unimaginable without a computer. Law enforcement authorities record and register data collected during an investigation e.g. individual records of healthcare institutions or cash flow data recorded by account managing banks.
This study discusses the civil and law enforcement registry essential for an investigation, which helps to identify a past event or the persons (culprits) involved in this event.
Pilisi Fanni
PhD Student
Department of Criminal Law,
Faculty of Law
(University of Pecs, Hungary)
The author’s project is about crimes related to office. The guideline of the treatise is to draw the line between abuse of authority and active corruption of public officials (when it is committed by breaching his official duty). The author writes about the dilemma of legal matters, explains the criminal conducts, and describes «advantage» – which appears as a result in case of abuse of authority, but on the other hand appears as a consideration getting for the act of crime when talking about corruption of public officials – by presenting some precedent cases.
Drawing the line between abuse of authority and active corruption of public officials (eng.)
Toth David
Dr., Lecturer at the University of Pecs, Faculty of Law,
Department of Criminology and Penal Law, Hungary
The phenomenon of terrorism with a criminological aspect is analysed in the article. The first part of the research deals with the historical side of terrorism. Throughout history there are many prefaces of terrorism, for example in the ancient times the sicarii and in the middle age the assassins. At the time of the Great French Evolution a new type of terrorism appears: the state terrorism. The term terrorism in the modern sense was introduced at this time. In the 19th century there where terrorist groups appeared: Ireland and Russia. In the 20th century modern terrorist groups formed in the Middle East. The second part of the study classifies the types of terrorism. Terrorist groups can be classified in several ways. Newer and newer types of terrorism appear in the history of modern such as bioterrorism, cyberterrorism, nuclear terrorism, and narcoterrorism. The typology of terrorism can help us understand more clearly this social phenomenon. The research in particular analyses the newer types of terrorism.
The history and types of terrorism (eng.)
Vari Vince
Dr., police major
National University of Public Service
Deparment of Criminal Procedure
(Hungary)
There is no doubt about the significance and scientific sense of criminal statistics nowadays, however this blessing can become a curse if the marker points and ideological objectives of its development and use are set wrongly, that is statistic data do not provide a basis for scientific analyses and criminological researches, but they dominate in the judgement of the quality of the effective criminal investigation and in measuring performance, even more they are exclusive. In my study I mainly wish to present the correlations of criminal investigation statistics and the operation efficiency of the criminal investigation body in Hungary, since the endeavour to measure efficiency has grown from the statistic view and the expansion of the omnipotence of statistic figures. When we measure the efficiency of criminal investigation, we examine the operation of such a complex system, which, in case of a wrong fundamental assumption, threatens with a consequency that referring the result to the system itself, and feeding it back, it can cause its structural and functional disorders. Statistic view, as a causer, reacts with the expressioned results of the «wrong» efficiency thesis, causing the entropy of the formal and informal factors of the organization. In my study I wish to present the seaking ways and means of efficiency measurement int he 80ies and 90ies, moreover I wish to lay down those establishment of principles which should be considered when developing the efficiency measurement of criminal investigation. In the following chapters I show the international overview in this topic, after I would like to demonstrate the «efficiency measurement» model of the present Hungarian police.
Statistic and measuring the efficiency of crime investigation (eng.)
Batanov O. V.
Doctor of Law, Professor,
Senior Research Fellow
(Institute of State and Law
named after V.M. Koretsky of NAS of Ukraine)
In the article is devoted to the research of local self-government legal status as a fundamental institute of civil society. The newest tendencies of mutual relations of institutes of civil society and state in the conditions of democratization are considered. The current theory of local self-government as an institution of civil society, to determine its role in ensuring the stability of the constitutional system and the development of constitutionalism in Ukraine. The local self-government is being assessed as sphere of self-organizational and self-governmental, which is a political by nature, processes. This helps pass difference between terms «self-organization» and «self-government», find depending between them and to recognize their as basis of democratization political system of power and a mere of the Ukrainian society. Analyzed the basic theory of self-government, proposed the definition of local government as one of the main forms of democracy and constitutional means to limit state power in the formation of civil society. The dialectical connection of between the types of law understanding and basic concepts about the origin of the local government is shown.
Local self-government as an institution of civil society: axiological and ontological aspects (ukr.)
Bontlab V. V.
PhD, Associate Professor of the Kyiv Institute of the National University
«Odessa Law Academy»
candidate of the department of civil law disciplines
I. Malynovskyi Institute of Law
National University of Ostroh Academy
The article contains analysis of present status of scientific research of international standards in civil trial as scientific category, provides characteristics of international standards concept, as well as their classification. Comparing notion of international standards in civil trial with notion of international standards in other branches of law, as well as close notions in the field of civil trial, the author elaborates own definition and features of international standards in civil trial notion.
The notion and characteristics of international standards in civil trial at present time (ukr.)
Vyshnovetska S. V.
Doctor of Law, Associate Professor,
Professor of Civil Law and Procedure
(Law Institute
National Aviation University)
In the article the problems of legal regulation of teleworking as a form of irregular employment of workers. Delineated the term «telecommuting» and «home-based work» It is noted that in science there is no labor law concept of teleworking as non-standard forms of employment.
On the problems of legal regulation of distance employment of workers (ukr.)
Honhalo S. Y.
Candidate of Law, Associate Professor of Justice
and Criminal Law disciplines
I. Malynovskyi Institute of Law
(National University of Ostroh Academy)
Haiduk O. H.
Deputy Head of the Center -Head of Department on forensic support
Regional Department of Internal Affairs
RESEARCH EXPERT CRIMINAL CENTER at the
Regional Department of the
Ministry of Internal Affairs of Ukraine in the Rivne region
Volchuk L. S.
sector expert № 5 department technical and forensic support of the police
RESEARCH EXPERT CRIMINAL CENTER at the Regional Department of the
Ministry of Internal Affairs of Ukraine in the Rivne region
The article deals with the issues of modern capabilities of unidentifying studies when conducting handwriting examinations. The existent techniques of a handwriting examination are analyzed, possible ways of solving current problems of diagnostic studies in a handwriting examination are suggested.
Unidentifying studies of handwriting: current situation and development prospects (ukr.)
Hryshchuk M. V.
Candidate of Political Science, Associate Professor,
Department of State and Legal Disciplines
(National University of Ostroh Academy)
The article deals with regulatory and legal control over civil defense at constitutional, legislative, and regulatory levels. Some problems concerning the non-conformity to constitutional and legislative norms as well as insufficient control over them were discovered. It was proved that there works no purposeful plan as to norms adherence at regional and local levels.
Regulatory and Legal Control over Civil Defense in Ukraine: Realia and Prospect (ukr.)
Danilin S. S.
Head of the sector of complex research of vehicles
RESEARCH EXPERT CRIMINAL CENTER at the Regional Department of the
Ministry of Internal Affairs of Ukraine in the Rivne region
Honhalo S. Y.
Candidate of Law, Associate Professor of Justice
and Criminal Law disciplines
I. Malynovskyi Institute of Law
(National University of Ostroh Academy)
Characterized purpose, basic tasks, methodological approaches, stages and examination results of the сommodity and auto expertise.
General description of commodity and auto expertise (ukr.)
Ivannikov I. A.
Doctor of Law, Doctor of Political Sciences, Professor,
Professor of the Department of Theory and History of State and Law
(Southern Federal University, Russian Federation)
The author analyzes the development of public-legal institutions of the Russian Empire in the second half of the XIX century, explores the political and legal conditions of their formation and change.
State and Law of the Russian Empire in the second half of the XIX century (rus.)
Kolos M. I.
Candidate of Law, Associate Professor,
Honored Lawyer of Ukraine,
Department of Justice and Criminal Law
(National University of Ostroh Academy)
The article develops the peculiarities of the beginning and development of the soviet criminal and legal policy in Ukraine in 1917-1922. The author surveys the conditions of the gradual termination of the Ukrainian criminal law in XVIII– XIX centuries and highlights in detail the sequence of the unlawful, illegitimate imposition on the Ukrainian territory of the aggressive political, criminal and legal ideas of the Russian communist leaders and the appropriate legislation of the Revolutionary Russia. The researcher pays attention on the destructive effect of the class approach to the solution of the criminal and legal issues in the terms of functioning of the dictatorship of the proletariat.
Peculiarities of the Soviet criminal and legal policy in Ukraine in 1917-1922(ukr.)
Konashevych O. I.
The article deals with the new information technology, known as «blockchain» and the opportunities which gives the use of this technology in e-governance and e-democracy. It is hypothesized in which areas this technology can be applied and what benefits it will provide and improve the efficiency of public affairs management.
Кostiuk V. L.
Deputy Head of Department
Staff of the Verkhovna Rada of Ukraine,
Doctor of Law, Associate Professor,
Professor of Municipal Law
and administrative and legal disciplines
(National University of Ostroh Academy)
In this article the question about the essence of the right to a pension on the basis of its social, constitutional and legal nature. Emphasized the fundamental role of society and the state to create adequate conditions for exercising the right to pension. Analyzes the key problems of modern pension model. A systematic analysis of the provisions of the Constitution of Ukraine, the legal doctrine of pension rights, acts of pension legislation. Defined the basic features of law and pensions. Outlined improving trends of the right to pension. The necessity of drafting of the Pension Code.
The right to pension under the conditions present: scientific-theoretical aspect (ukr.)
Lukianchykov Y. D.
Doctor of Law, Professor
(Department of Information Law and Intellectual Property Law
National Technical University of Ukraine «KPI»)
Lukianchykov B. Y.
Candidate of Law, Associate Professor
(Department of Criminology and Forensic Medicine
National Academy of Internal Affairs)
According to the Criminal Procedural Code of Ukraine (art. 241) the examination is the independent investigative (search) action. In comparison with the 1960’s Criminal Procedural Code of Ukraine it is developed the task corresponding to the long-term practice of this investigative action’s procedure.
It is taken attention to the fact that the Criminal Procedural Code of Ukraine doesn’t presume the trace of the intoxication or other characteristics or the person’s marks necessary for the corresponding expert testimonies during the examination procedure. The intoxication can’t be found by the investigator by virtue of the personal examination because the ordinary characteristics of this state: the alcohol vapors, the rickety walk, the fumbling, the red face and etc – are many valued and can be illustrative of the other person’s states: the ills accompanied of the medicament, the weariness, the fright.
The Criminal Procedural Code of Ukraine includes several innovations necessary for some modifications of the procedure’s order. The factual ground of the decision making about the examination should be envisaged as sufficient information documented about the fact that the criminal infraction or special characteristics can be found on the person’s body. The juridical ground of the examination is the decision of the prosecutor made according to the investigator request (part 2 art 241 Criminal Procedural Code of Ukraine). It gives evidence of the creation of the supplementary guaranties for the defense of the personal rights, of the providing of the real physical integrity.
The examination accompanied by the denudation of the person in examination should be made by the persons of the same sex. That’s why the investigative (search) action should be charged to the person of the same sex like the person in examination (the investigator, the detective) who makes it with the participation of the forensic expert or doctor and who dresses the report as a only procedural document prescribed by the Criminal Procedural Code of Ukraine for this legal proceeding.
On that ground we find unacceptable the recommendation concerning the fixation of that examination results in the report according to oral information provided by the doctor or expert. According to that method it would be fixed in the report as what isn’t the object of the direct perception by the investigator. It distorts the gist of the investigator’s actions in furtherance of the information acquisition from the material source through the use of the direct perception of the crime’s traces, the expert finding and the fixation by the investigator. It is given grounds of the proposal concerning the exclusion of the regulation about the examination procedure to make by the doctor or the forensic expert in the context of this article.
The juridical and organizational questions of the examination (ukr.)
Mate I. Z.
forensic expert
(Doctoral School of Law
Faculty of the University of Pecs)
After acquisition of digital evidence forensic experts give them over to law enforcement officers, who analyze, evaluate and use them during their work. Analysis of digital evidence needs adequate IT knowledge and skills, although law enforcement officers often lack them. The forensic IT expert is the only participant in the penal procedure who can and is authorized to help. In this paper we can read some case studies, through them we introduce the process of analysis, presenting the close cooperation between IT experts and law enforcement officers. Finally, the author presents a suggestion how to treat the situation and makes a proposal for framework and borders of this cooperation.
The analysis of digital evidence (rus.)
Martyniuk R. S.
Candidate of Political Science, Associate Professor,
Department of State and Legal Disciplines
(National University of Ostroh Academy)
The content of the term «super-presidential republic» is defined in this article. The subject matter of the «super-presidential republic» is identified in the view of the analysis of the phenomenon of the super-presidency as a constituent part of the experience of the state building in the presidentialized republics of the post-soviet area. The reasons are given for the impossibility of the definition of the «super-presidential republic» as a special type of the republican form of government with the number of legal elements and own logic of organizing power intrinsic only to this type of the form of government. Therefore, the scientific impropriety of the relevant term is explained.
«Super-Presidential Republic» - Form of Government? (ukr.)
Mеlnik V. P.
Doctor of Law,
applicant of the Department of Municipal Law
and administrative and legal disciplines
I. Malynovskyi Institute of Law
National University of Ostroh Academy
In this scientific article the basic question of the constitutional rights of persons with disabilities to social protection. Stresses the importance of this right in the new conditions present in the system of social rights. Analyzed and studied the constitutional rights of persons with disabilities to social protection in the light of its fundamental features of doctrinal approaches and legislation. Outlined the key theoretical and legal problems. The conclusions and suggestions.
Mokrytska I. Y.
senior lecturer of the department
branch legal sciences
Faculty of Law
(National University
«Kyiv-Mohyla Academy»)
In the article, under the new Criminal Procedure Code of Ukraine and international standards are considered scientific theoretical foundation of access to justice, which is a kind of «pointer» to ensure the right to judicial protection in criminal proceedings.
Nedoshovenko A. O.
4th year student of the Faculty of Law
specialization «Civil law»
Kyiv National University
named after Taras Shevchenko
The article highlights elements of building contract. Was made an analysis of the current legislation and problems which arise while researching elements of building contract. The article consists of information about: subject, object and contents of building contract, the article also includes a research of problems with the meaning of contract elements which must be solved due to purposes of Legislation development. The article is also devoted to research of different approaches which providing possible decisions of problems that arise while making exploration of elements of building contract. Such research was made because of many existing approaches and thoughts about contract elements and it’s components which we can find today in legal literature. The author made an analysis of elements and provided two basic ways of understanding the meaning of this category: wide and narrow approaches, which referring to the elements a different number of components.
Elements of building contract (ukr.)
Overchuk S. V.
Candidate of Law, Lawyer,
Department of Municipal Law
and administrative and legal disciplines
(National University of Ostroh Academy)
The article deals with the organization and operation of military courts as a part of military justice. The conclusion about the feasibility of establishing a system in Ukraine special military courts that meet international standards in terms of both organization and mechanism of administration of justice in the armed forces is done.
Military courts – a necessary component of military justice in Ukraine (ukr.)
Panasiuk S. V.
applicant of the Department of Municipal Law
and administrative and legal disciplines
I. Malynovskyi Institute of Law
National University of Ostroh Academy
In presented research papers carried out scientific and theoretical study of the nature of state control authority of compliance legislation on social security. The author presents the main features of the implementation of such controls and analyzes its subject and the main types. Analyzes the need of general supervision over compliance with social security legislation, and its lack of a modern national legislation of Ukraine.
Pohoretska N. V.
Candidate of Law, Associate Professor,
Associate Professor of International Law
(National University
«Yaroslav Mudryi Law Academy of Ukraine»)
The article deals with the normative-legal and methodological approaches concerning the determination of the content of the norms of foreign law in regulation of the civil and economic relations in the spores of physical and legal persons in Ukraine.
Issues to determine the content of foreign law (ukr.)
Popeliushko V. O.
Doctor of Law, Professor
Department of Justice and Criminal Law,
(National University of Ostroh Academy)
The causes of formation and existence of the primitive court at Eastern Slavs as lynching and mobbing by means of blood feud (vendetta) as the first form of their criminal procedure are examined in the article. It is shown that they are based on the instinct of revengefulness which is inherent to both animal and human as «social animal». At the higher tribal level of humanity development, lynching in the form of blood feud due to its repeated practice transformed into a moral, religious, and legal duty authorized firstly by legal custom, and later by codified law. It preceded other courts – of some individuals, communal, etc. When the statehood appeared, it preceded state courts, and even competed with them for a long time. After strengthening of the statehood, lynching was formally banned. However, as an exception, based on the instinct of revengefulness, it was always used and has been used till now.
The Primitive Criminal Court and the First Form of Criminal Procedure at Eastern Slavs (ukr.)
Shylo O. H.
Doctor of Law, Professor,
head of the department of criminal procedure
and operational and investigative activities
Yaroslav Mudryi National Law University
Povzyk Ye. V.
Candidate of Law, Assistant
Department of Criminal Procedure
and operational and investigative activities
Yaroslav Mudryi National Law University
The work performs analysis of certain issues of providing the right to legal aid in criminal proceedings on the basis of a plea-bargaining arrangement, its meaning and importance; ways of legal improvement of providing this kind of right have been offered. It has been concluded that legal aid should be competent, which is therefore possible only if the suspect is informed about all the legal consequences of a plea-bargaining arrangement. These consequences don't only concern restrictions on grounds for appeal from judgement and enforcement of the rights associated with a full trial, but they also concern the restrictions that can affect in the future the legal status of the suspect or accused in connection with the approval of the bargain by a court sentence, namely adjudication on the question of material evidence, procedural costs, the inability to find a job in law enforcement bodies, to be elected to the executive authorities, etc
Shulga M. V.
Doctor of Law, Professor,
Head of the Department of Land and Agrarian Law
Yaroslav Mudryi National Law University
Ignatenko I. V.
Candidate of Law, Assistant
Department of Land and Agrarian Law
Yaroslav Mudryi National Law University
In this article, based on analysis of the legislation of Ukraine, examines legal issues related to protection of lands bordered by settlements, reasaons of proposals aimed to improve them.
Some legal issues of land within settlements (ukr.)
Yatskevych I. I.
applicant of the Department of Municipal Law
and administrative and legal disciplines
I. Malynovskyi Institute of Law,
National University of Ostroh Academy
The article contains disclosing of the meaning and specifics of particular legal guaranties of an employee during employment contract fulfilling as constituent part of system of legal guaranties for person’s right to work realization under national laws. The author pays attention to novellas in legal regulation of employment contract fulfilling, especially in the part of right to work safeguarding. Some proposals regarding improvement of legal regulation of right to work realization legal guaranties are done.
Top of page