PDF: Full Issue: European perspectives. 2020. №1 (ukrainian)
СONTENT
CONSTITUTIONAL RIGHT
TURYANSʹKYY YU.I.
SIGNS OF THE INSTITUTE OF SOMATIC HUMAN RIGHTS
Annotation
The article highlights the signs of somatic rights as a new generation rights group. It has been determined that somatic rights should be understood as a group of human rights directly related to the human body and they include: 1) the right to address the peculiarities of the functioning and external expression of the whole body as a human organism: 2) perform such actions in accordance with a specific organ/organs or tissues: 3) humans rights to dispose of biological components that are already separated from his\her body, such as tissue. DNA. blood, semen, etc.
The novelty of social relations is defined as a sign of the somatic rights institute, which causes uncertainty and ambiguity of legal regulation. It is also proved that the main attractor (factor) of the emergence of a new group is the development of science, so the next sign is the dependence of somatic rights on knowledge, progress and realization of the achievements of medicine, biology, genetics and technology. Caused by scientific development, somatic rights depend on the subsequent progress of the mentioned fields.
It is emphasized that the novelty creates uncertainty, so the lack of a unified systematic international, human-centered approaches, agreed legal positions on the legal regulation of a group of these rights is a significant sign.
It is noted that there’s a significant moral, religious, ethical counteraction to the full implementation of medicine and technology related to the human body and its organs. This sign lies in a radical counteraction of the moral standards and new legal possibilities that are related to the human body. Under the interaction of law and morality, the rules of law are determined effective, in other circumstances, there is a significant moral opposition.
It has been stated that somatic rights are derived from personal human rights as inalienable. unalienable absolute rights. They do not completely coincide with them. However, the right to life as a key human right guarantees the right to human health and. accordingly, the right to dispose of one’s body for his/her own good. Personal rights, as the rights of the first generation, are made to create an autonomous environment for the realization of the will of the person, to ensure his/her freedom and legal protection.
The exclusiveness of the legal situation in somatic rights has been proved, which gives rise to the consequences, often of the irreversible nature, and the complexity of the implementation of somatic law is indicated, since it gives rise to relations between different branches of law.
The author states that somatic rights reflect the human-centric legal ideology and the level of recognition of somatic rights indicates the essence of the state, can serve as a criterion for recognition of its democracy, justice, tolerance and reflects the level of development of legal culture and the state as a whole.
Keywords: somatic rights, medicine, new generation rights, signs, human body.
The novelty of social relations is defined as a sign of the somatic rights institute, which causes uncertainty and ambiguity of legal regulation. It is also proved that the main attractor (factor) of the emergence of a new group is the development of science, so the next sign is the dependence of somatic rights on knowledge, progress and realization of the achievements of medicine, biology, genetics and technology. Caused by scientific development, somatic rights depend on the subsequent progress of the mentioned fields.
It is emphasized that the novelty creates uncertainty, so the lack of a unified systematic international, human-centered approaches, agreed legal positions on the legal regulation of a group of these rights is a significant sign.
It is noted that there’s a significant moral, religious, ethical counteraction to the full implementation of medicine and technology related to the human body and its organs. This sign lies in a radical counteraction of the moral standards and new legal possibilities that are related to the human body. Under the interaction of law and morality, the rules of law are determined effective, in other circumstances, there is a significant moral opposition.
It has been stated that somatic rights are derived from personal human rights as inalienable. unalienable absolute rights. They do not completely coincide with them. However, the right to life as a key human right guarantees the right to human health and. accordingly, the right to dispose of one’s body for his/her own good. Personal rights, as the rights of the first generation, are made to create an autonomous environment for the realization of the will of the person, to ensure his/her freedom and legal protection.
The exclusiveness of the legal situation in somatic rights has been proved, which gives rise to the consequences, often of the irreversible nature, and the complexity of the implementation of somatic law is indicated, since it gives rise to relations between different branches of law.
The author states that somatic rights reflect the human-centric legal ideology and the level of recognition of somatic rights indicates the essence of the state, can serve as a criterion for recognition of its democracy, justice, tolerance and reflects the level of development of legal culture and the state as a whole.
Keywords: somatic rights, medicine, new generation rights, signs, human body.
ADMINISTRATIVE LAW
Annotation
On the basis of a detailed analysis of the development of customs through the prism of European content from the emergence of prototypes of customs authorities to the formation of the European Union as a modem national formation, traits, general patterns and trends of development are traced. At different stages of the formation of the system of customs authorities, they were a major factor in the development of the state of Ukraine, changing with the change of types and forms of statehood, which reflected on the status and role, place of customs authorities and the State Customs Service, in particular, in the system of state institutions.
NADZHAFLI E.M.
INTERNATIONAL STANDARDS OF ADVOCACY
Annotation
The article is focused on the analysis of international and legal standards of the Bar’s organization and activity. The author has comprehensively analyzed the organizational principles of the advocacy activity of foreign countries.
International standards for the implementation of advocacy are studied on the example of the functioning of the institute of advocacy of Belgium, Great Britain, Greece, Spain, Italy, the United States of America, France, Switzerland, Sweden and Japan. It was noted that not only norms of administrative legislation differ in imperfections, but also separate guarantees of the principle of freedom to practice law and normative regulations that reveal the content of these or other principles of the practice of law. Separate ways of improving the administrative legislation defining the basic principles of advocacy in Ukraine are also proposed.
It has been concluded that the national principles of the Bar’ activity are close to the world standards of the Bar Institution’s functioning and embody all the fundamental principles enshrined in international documents. However, there is a number of issues that need to be clarified, in particular they are related to the mechanism for ensuring and implementing these principles, since it is insuffi cient to enshrine them at the legislative level. Guaranteeing freedom and implementation of the advocacy activity, as well as the relevant principle that enshrines this principle is equally important problem that needs to be solved. The author has offered some ways for improving administrative legislation, which defi nes the basic principles of the advocacy activity in Ukraine.
International standards for the implementation of advocacy are studied on the example of the functioning of the institute of advocacy of Belgium, Great Britain, Greece, Spain, Italy, the United States of America, France, Switzerland, Sweden and Japan. It was noted that not only norms of administrative legislation differ in imperfections, but also separate guarantees of the principle of freedom to practice law and normative regulations that reveal the content of these or other principles of the practice of law. Separate ways of improving the administrative legislation defining the basic principles of advocacy in Ukraine are also proposed.
It has been concluded that the national principles of the Bar’ activity are close to the world standards of the Bar Institution’s functioning and embody all the fundamental principles enshrined in international documents. However, there is a number of issues that need to be clarified, in particular they are related to the mechanism for ensuring and implementing these principles, since it is insuffi cient to enshrine them at the legislative level. Guaranteeing freedom and implementation of the advocacy activity, as well as the relevant principle that enshrines this principle is equally important problem that needs to be solved. The author has offered some ways for improving administrative legislation, which defi nes the basic principles of the advocacy activity in Ukraine.
KONOVALOVA N.T.
LEGAL RESPONSIBILITY FOR BREACH OF ORDER IN THE COURT HALL
Annotation
The article discusses the theoretical aspects of the institution of procedural responsibility for violation of order in the courtroom. The coordination, functional relations between various industry types of procedural responsibility are determined.
The institutes of administrative-procedural, economic-procedural, criminal-procedural, civil-procedural responsibility are investigated, identifying various types of relationships, dependencies between the structural elements of procedural responsibility. It is noted that in the process of implementing the norms of the institution of procedural responsibility, material and procedural legal relations arise. The institution of procedural responsibility is connected with legal relations at the functional level, as a result of legal regulation. With the help of the institution of procedural liability for violation of order in the courtroom, conditions are created for the administration of justice.
As a result of the study, conclusions are drawn that judicial practice is the coordinating link that connects the procedural form with substantive law
The institutes of administrative-procedural, economic-procedural, criminal-procedural, civil-procedural responsibility are investigated, identifying various types of relationships, dependencies between the structural elements of procedural responsibility. It is noted that in the process of implementing the norms of the institution of procedural responsibility, material and procedural legal relations arise. The institution of procedural responsibility is connected with legal relations at the functional level, as a result of legal regulation. With the help of the institution of procedural liability for violation of order in the courtroom, conditions are created for the administration of justice.
As a result of the study, conclusions are drawn that judicial practice is the coordinating link that connects the procedural form with substantive law
Annotation
The article taking into account the content of the norms of the legislation regulating the activity of state inspectors on control over the use and protection of land, defines the main features and, as a consequence, formulated the concept of administrative activity of the state inspector on control over the use and protection of land and disclosed its legal content by analyzing forms and methods of this activity.
Determining the legal status of the state inspector for control over the use and protection of land as the bearer of state-power functions and powers is of great scientific and practical importance, since the lack of a unified view of scientists regarding the classification of such functions and powers, the fuzzy boundaries between their formulation in the conditions of changing legislation and organizational changes in the functioning of state bodies requires some updating and refinement of existing theoretical views on the issues under consideration.
The State Inspector of Land Use and Protection is the bearer of the functions assigned to the State Geocadastre, the main one being the control function. In addition, the functions without which the implementation of the main is impossible: collection, processing, analysis of information, transmission to other bodies; function of the organization; forecasting function; planning function; regulation function; coordination function. The analysis of the legislatively enshrined rights and the study of the practical activity of state inspectors on the control over the use and protection of land gives grounds to distinguish three groups of their state-power powers: powers to prevent offenses; powers to terminate offenses; authority to apply administrative penalties.
The description of the legal status of the state inspector for control over the use and protection of land as a carrier of state-power functions and powers according to the current legislation is given. Administrative activity of the state inspector for control over the use and protection of land is mainly regulated by the rules of administrative law state-power, executive-administrative, by-law activity aimed at exercising state control over the use and protection of land.
Determining the legal status of the state inspector for control over the use and protection of land as the bearer of state-power functions and powers is of great scientific and practical importance, since the lack of a unified view of scientists regarding the classification of such functions and powers, the fuzzy boundaries between their formulation in the conditions of changing legislation and organizational changes in the functioning of state bodies requires some updating and refinement of existing theoretical views on the issues under consideration.
The State Inspector of Land Use and Protection is the bearer of the functions assigned to the State Geocadastre, the main one being the control function. In addition, the functions without which the implementation of the main is impossible: collection, processing, analysis of information, transmission to other bodies; function of the organization; forecasting function; planning function; regulation function; coordination function. The analysis of the legislatively enshrined rights and the study of the practical activity of state inspectors on the control over the use and protection of land gives grounds to distinguish three groups of their state-power powers: powers to prevent offenses; powers to terminate offenses; authority to apply administrative penalties.
The description of the legal status of the state inspector for control over the use and protection of land as a carrier of state-power functions and powers according to the current legislation is given. Administrative activity of the state inspector for control over the use and protection of land is mainly regulated by the rules of administrative law state-power, executive-administrative, by-law activity aimed at exercising state control over the use and protection of land.
Annotation
The article, based on the analysis of norms of the current legislation and scientific views of scientists, defines and characterizes the administrative forms and methods of exercising departmental control over the activity of courts (judges) in Ukraine. It is stated that the defi nition and research of administrative forms and methods of exercising departmental control over the activity of courts (judges) in Ukraine is of great theoretical and practical importance, as these scientifi c categories most fully and comprehensively reflect the nature and purpose of such control activities.
Administrative-legal forms of exercising departmental control over the activity of courts (judges) in Ukraine means the external expression of the practical activity of authorized entities, which is connected with the exercise of their supervisory powers, and aimed at achieving the ultimate goal, which is to ensure the quality, effective and legal judiciary in our country. The following forms include: direct examination of the activities of judges, the varieties of which are: inspection, review, audit, inventory; as well as familiarization with the statistical reporting coming from the controlled entity.
Administrative-legal methods of exercising control over the activity of courts (judges) in Ukraine are proposed to be understood as a set of statutory instruments and techniques used by authorized entities in their activities of control in the fi eld of public relations. The following methods include: persuasion method; regulatory method; method of disciplinary training; planning method; method of regulation.
Administrative-legal forms of exercising departmental control over the activity of courts (judges) in Ukraine means the external expression of the practical activity of authorized entities, which is connected with the exercise of their supervisory powers, and aimed at achieving the ultimate goal, which is to ensure the quality, effective and legal judiciary in our country. The following forms include: direct examination of the activities of judges, the varieties of which are: inspection, review, audit, inventory; as well as familiarization with the statistical reporting coming from the controlled entity.
Administrative-legal methods of exercising control over the activity of courts (judges) in Ukraine are proposed to be understood as a set of statutory instruments and techniques used by authorized entities in their activities of control in the fi eld of public relations. The following methods include: persuasion method; regulatory method; method of disciplinary training; planning method; method of regulation.
Annotation
Introduction. The issue of the legalization of prostitution in Ukrainian society has become relevant a long time ago and still enjoys the increased attention of lawmakers and the public, requiring, however, further scientific research on interaction with the priority of protection of human rights and freedoms, the principle of the rule of law and freedom of enterprise.
Purpose. The purpose of the article is to attempt to identify an effective mechanism for the inclusion of prostitution in legal economic activities in order to protect the rights of persons involved in such activities, to create effective state control over the sphere of sexual and intimate services.
Results. While prostitution remains outside legal influence and is not limited by state control, except for budget losses due to its non-taxation, it is accompanied by other negative phenomena: corruption, intimidation, unlawful infl uence on persons, money laundering, illegalforeign trade operations, etc. Only effective work of the controlling bodies can counteract this complex. And the legalization of prostitution will make it impossible for these negative phenomena to exist, or at least minimize them because of the need, for example, declaring income, creating a special tax, having separate tax oversight, increasing accountability, and more. In the case of prostitution, it will acquire all the attributes of entrepreneurial activity, and persons involved in prostitution as providers or consumers of services, regardless of gender, will be able to enjoy the full range of guarantees provided by the rules of civil, labor and criminal law.
Conclusion. The phenomenon of prostitution requires legalization at the level of legislation and regulations in order to protect human rights, to ensure an adequate level of social and legal guarantees for service providers and to exercise state control over the existing sphere of public relations, which is now closely linked to criminal activity. At the initial stage of the legalization of sex work, one can choose a territorial model of the legal provision of sex services. The provision of sexual and intimate services requires reasonable restrictions (age, health, lack of criminal record, etc.).
Purpose. The purpose of the article is to attempt to identify an effective mechanism for the inclusion of prostitution in legal economic activities in order to protect the rights of persons involved in such activities, to create effective state control over the sphere of sexual and intimate services.
Results. While prostitution remains outside legal influence and is not limited by state control, except for budget losses due to its non-taxation, it is accompanied by other negative phenomena: corruption, intimidation, unlawful infl uence on persons, money laundering, illegalforeign trade operations, etc. Only effective work of the controlling bodies can counteract this complex. And the legalization of prostitution will make it impossible for these negative phenomena to exist, or at least minimize them because of the need, for example, declaring income, creating a special tax, having separate tax oversight, increasing accountability, and more. In the case of prostitution, it will acquire all the attributes of entrepreneurial activity, and persons involved in prostitution as providers or consumers of services, regardless of gender, will be able to enjoy the full range of guarantees provided by the rules of civil, labor and criminal law.
Conclusion. The phenomenon of prostitution requires legalization at the level of legislation and regulations in order to protect human rights, to ensure an adequate level of social and legal guarantees for service providers and to exercise state control over the existing sphere of public relations, which is now closely linked to criminal activity. At the initial stage of the legalization of sex work, one can choose a territorial model of the legal provision of sex services. The provision of sexual and intimate services requires reasonable restrictions (age, health, lack of criminal record, etc.).
DOTSENKO O.S.
ADMINISTRATIVE AND LEGAL FORMS OF COMBATING ORGANIZED CRIME IN UKRAINE
Annotation
The article is devoted to a rather important problem – administrative and legal forms of the organized crime prevention. It is determined that the form expresses not only the way in which any system can exist and develop, and the influence of the subjects of management on the objects of management in order to counteract the organized crime effectively is realized through administrative and legal forms.
Author analyzes scientific opinions related to the general theoretical understanding of the notion of “forms” and reveals his opinion on the understanding of administrative and legal forms of organized crime prevention.
It is also emphasized that such concepts as “forms of management”, “forms of governance”, “forms of public administration”, “forms of management activity”, “forms of administration” and others are being used in most scientifi c works and according to the author are interrelated as all of them have mutual basis which is management.
It is stressed that despite different scientifi c interpretations there are no diametrical opinions among scientists regarding to the notion of forms of management, and there are completely opposite views regarding to the types of management forms. In particular, scholars’ views on the division of administrative and legal forms into legal and non- legal are being analyzed in this article, and finally a conclusion has been made that all of them to some extent are legal. These administrative and legal forms are described by author as follows: 1) legislative (regulatory) activity (issuance of regulations); 2) law enforcement; 3) administrative contracting; 4) organizational activity; 5) logistical support.
The content and substance of certain legal and administrative forms have been disclosed by author regarding to their use by subjects of the organized crime prevention.
It is educed that the efficiency of the subjects of the organized crime prevention activity and the coherence of their activity fully depend on the integrated and effective appliance of legal and administrative forms, which do not have internal or external contradictions and complement each other. The use of a separate form in isolation from the other forms will not bear positive results in the organized crime prevention.
Author analyzes scientific opinions related to the general theoretical understanding of the notion of “forms” and reveals his opinion on the understanding of administrative and legal forms of organized crime prevention.
It is also emphasized that such concepts as “forms of management”, “forms of governance”, “forms of public administration”, “forms of management activity”, “forms of administration” and others are being used in most scientifi c works and according to the author are interrelated as all of them have mutual basis which is management.
It is stressed that despite different scientifi c interpretations there are no diametrical opinions among scientists regarding to the notion of forms of management, and there are completely opposite views regarding to the types of management forms. In particular, scholars’ views on the division of administrative and legal forms into legal and non- legal are being analyzed in this article, and finally a conclusion has been made that all of them to some extent are legal. These administrative and legal forms are described by author as follows: 1) legislative (regulatory) activity (issuance of regulations); 2) law enforcement; 3) administrative contracting; 4) organizational activity; 5) logistical support.
The content and substance of certain legal and administrative forms have been disclosed by author regarding to their use by subjects of the organized crime prevention.
It is educed that the efficiency of the subjects of the organized crime prevention activity and the coherence of their activity fully depend on the integrated and effective appliance of legal and administrative forms, which do not have internal or external contradictions and complement each other. The use of a separate form in isolation from the other forms will not bear positive results in the organized crime prevention.
CRIMINAL LAW, CRIMINAL PROCESS AND CRIMINAL SCIENCE
Annotation
This article is devoted to the necessity of using foreign experience of the implementation mechanism for the protection of personal and family life during the pre-trial investigation. The most concrete aspects of realization of right are generalized on inviolability of the personal and domestic life, that inherent to the developed countries and basic elements that it costs to enter in a home legislation for providing of complete and effective realization of human rights are certain.
The experience of the United States of America is examined carrying out a search in cases when the apartment is home to several families. The article analyzes the experience Georgia from the standpoint of non-disclosure of personal life, as well as information of a personal nature, the preservation of which in secret is the duty of a person.
The experience of Switzerland and the Republic of Moldova has been studied and it is found that, in the course of legal proceedings, information shouldn’t be collected without the need for privacy and privacy of persons whom it considers confi dential.
The experience of the United States of America is examined carrying out a search in cases when the apartment is home to several families. The article analyzes the experience Georgia from the standpoint of non-disclosure of personal life, as well as information of a personal nature, the preservation of which in secret is the duty of a person.
The experience of Switzerland and the Republic of Moldova has been studied and it is found that, in the course of legal proceedings, information shouldn’t be collected without the need for privacy and privacy of persons whom it considers confi dential.
SAZONOV V.V.
LEGAL PRINCIPLES OF CRIMINOLOGICAL SECURITY OF ECONOMIC SECURITY OF THE STATE
Annotation
The publication is focused on the systematization of the current legislation (a set of laws and subordinate regulatory acts), which represent the legal framework for regulating the activity of the respective entities in regard to ensure economic security of the state.
It has been determined that the regulatory area is one of the most extensive segments in the criminological system of economic security of the country. It serves as the basis for its effective functioning.
The author has emphasized the urgency of this area of criminological provision, which is conditioned by the reformation and constant legislative changes in the legal regulation of the economic processes of the country, non-specificity and sometimes contradictions in the content of existing regulatory acts in this area.
Particular attention has been paid to the fact that legal regulation, legal means, legal phenomena and legal impact constitute the basis of legal provision for combating crime. They assist the subjects of combating crime to implement appropriate measures related to combating economic crime, achieving the neutralization of potential and real threats to the economic security of Ukraine.
It has been concluded that it is necessary to determine the strategic way for correcting the national legislation in the fi eld of criminological provision of the economic security of the state, intensification of further systematic comprehensive research in the specifi ed area in order to ensure the optimal level of its stability, systematic search for the ways of improving the existing ones, and if necessary creating new legal norms necessary for improving the effi ciency of the activity of the respective entities in the sphere of ensuring the economic security of the state.
It has been determined that the regulatory area is one of the most extensive segments in the criminological system of economic security of the country. It serves as the basis for its effective functioning.
The author has emphasized the urgency of this area of criminological provision, which is conditioned by the reformation and constant legislative changes in the legal regulation of the economic processes of the country, non-specificity and sometimes contradictions in the content of existing regulatory acts in this area.
Particular attention has been paid to the fact that legal regulation, legal means, legal phenomena and legal impact constitute the basis of legal provision for combating crime. They assist the subjects of combating crime to implement appropriate measures related to combating economic crime, achieving the neutralization of potential and real threats to the economic security of Ukraine.
It has been concluded that it is necessary to determine the strategic way for correcting the national legislation in the fi eld of criminological provision of the economic security of the state, intensification of further systematic comprehensive research in the specifi ed area in order to ensure the optimal level of its stability, systematic search for the ways of improving the existing ones, and if necessary creating new legal norms necessary for improving the effi ciency of the activity of the respective entities in the sphere of ensuring the economic security of the state.
Annotation
It has been established that the preconditions for the emergence of the institution of other measures of criminal and legal nature (Section XIV) and measures of criminal and legal nature for legal entities (Section XIV-1) are political and legal reforms related to approaching Ukrainian legislation to European standards.
It has been determined that scientific and practical approaches to the main features of other measures of criminal and legal nature are ambiguous, and sometimes contradictory; it has been also defi ned that there are signifi cant differences in the conceptual apparatus, and that is why an extensive scientific search in the directions of clarifying problematic issues with the purpose of successful introduction of innovations into lawenforcement activity is urgent.
The author has studied the basic doctrinal approaches to formulating the concept and defi ning the types of other measures of criminal and legal nature. The author has determined those crimes in the sphere of security activities, for the commission of which other measures of criminal and legal nature may be applied.
Special attention has been paid to the necessity of improving the mechanism of implementation of measures of criminal and legal nature in relation to legal entities by supplementing the list of grounds for their application.
The author has analyzed some other measures of criminal and legal nature for criminal offenses that encroach on public and private professional security activities in the context of their legal nature and the introduction in regard to legal entities.
It has been concluded that it is expedient to supplement the list of grounds for applying measures of criminal and legal nature to the legal entities by including criminal offenses in the sphere of public and private professional security activities provided for in the Articles 194, 206, 352, 355, 359, 368, 368-2 of the Criminal Code of Ukraine.
It has been determined that scientific and practical approaches to the main features of other measures of criminal and legal nature are ambiguous, and sometimes contradictory; it has been also defi ned that there are signifi cant differences in the conceptual apparatus, and that is why an extensive scientific search in the directions of clarifying problematic issues with the purpose of successful introduction of innovations into lawenforcement activity is urgent.
The author has studied the basic doctrinal approaches to formulating the concept and defi ning the types of other measures of criminal and legal nature. The author has determined those crimes in the sphere of security activities, for the commission of which other measures of criminal and legal nature may be applied.
Special attention has been paid to the necessity of improving the mechanism of implementation of measures of criminal and legal nature in relation to legal entities by supplementing the list of grounds for their application.
The author has analyzed some other measures of criminal and legal nature for criminal offenses that encroach on public and private professional security activities in the context of their legal nature and the introduction in regard to legal entities.
It has been concluded that it is expedient to supplement the list of grounds for applying measures of criminal and legal nature to the legal entities by including criminal offenses in the sphere of public and private professional security activities provided for in the Articles 194, 206, 352, 355, 359, 368, 368-2 of the Criminal Code of Ukraine.
Annotation
Annotation
If we take a view of history of criminal legislation of Azerbaijan related to environmental crimes we can see that Article 1 of the Criminal Code of Azerbaijan SSR, consisted of 264 articles, which was ratified by the law of Azerbaijan SSR dated December 8, 1960 came into force on March 1, 1961, stated the following: “The function of the Criminal Code of the Azerbaijan SSR is to protect Soviet social and state structures, socialist property, personal and citizen rights and all socialist rules from criminal conspiracy.
To accomplish this task, the Criminal Code of the Azerbaijan SSR defi nes what socially dangerous acts constitute criminal act and imposes penalties on the perpetrators ”.
Article 3 of the same Code stated that “only a person guilty of committing a crime, that is, a person who has committed a deliberate or negligent act of public danger, as provided by the criminal law, shall be prosecuted and punished.
Criminal punishment can only be imposed by a court order”.
In the initial edition of the mentioned Code, six (6) articles – Articles 159, 160, 161, 163, 164 and 165 were devoted to environmental issues. These items are set out in Chapter Six, entitled “Crime in sphere of economic activities”, as follows.
Article 159. Illegal extraction of a fi sh and other aquatic bioresources: “Illegal extraction of fish and other aquatic bioresources in forbidden time and place with banned hunting tools and methods and if these actions were made after administrative penalties for the same offense or for the first time, but if fishing tools, explosives or poisonous substances were used shall be punishable by of corrective labor with confi scation of all catch items and all hunting tools up to one year or a fi ne at a rate offive hundred manats”.
To accomplish this task, the Criminal Code of the Azerbaijan SSR defi nes what socially dangerous acts constitute criminal act and imposes penalties on the perpetrators ”.
Article 3 of the same Code stated that “only a person guilty of committing a crime, that is, a person who has committed a deliberate or negligent act of public danger, as provided by the criminal law, shall be prosecuted and punished.
Criminal punishment can only be imposed by a court order”.
In the initial edition of the mentioned Code, six (6) articles – Articles 159, 160, 161, 163, 164 and 165 were devoted to environmental issues. These items are set out in Chapter Six, entitled “Crime in sphere of economic activities”, as follows.
Article 159. Illegal extraction of a fi sh and other aquatic bioresources: “Illegal extraction of fish and other aquatic bioresources in forbidden time and place with banned hunting tools and methods and if these actions were made after administrative penalties for the same offense or for the first time, but if fishing tools, explosives or poisonous substances were used shall be punishable by of corrective labor with confi scation of all catch items and all hunting tools up to one year or a fi ne at a rate offive hundred manats”.
MASLOVA N.H.
THE PLACE OF CRIMINAL RADICALISM IN THE CONCEPTUAL AND CATEGORY APPARATUS OF CRIMINOLOGY
Annotation
The article is devoted to the analysis of the place of criminal radicalism in the subject-discursive field of criminology. It is emphasized that radicalism is the subject of both the highest abstraction of cognition – philosophical as well as sectoral, designed within the limits of psychology, psychiatry, sociology, political science. For the most part, in these fields of knowledge, radicalism is studied through the phenomena of aggression, its socialization, the psychopathization of the individual, the collective, trans personal states of anxiety, social phobias, and, finally, in political science – as an instrument of struggle for power, of various types of political movements. Criminology, manifesting its interdisciplinary nature, epistemological and synthetic functionality, infiltrates the workings of these sciences, philosophy into its semantic field.
The cross-cutting nature of the phenomenon of radicalism for the whole structure of the subject of criminology has been proved: it is present in the general doctrine of criminogenic determination, the identity of the offender, the mechanism of individual criminal behavior, victimology, as well as in a number of components of the special part of criminology (background, crime, background, crime professional, penitentiary, youth crime, etc.).
The epistemological binary of radicalism is emphasized: it is regarded both as a purely criminal factor and as a mixed criminal-criminal practice factor; both as an object of cognition and as an epistemological tool through which knowledge of the determinative nature of crime, including extra-radical phenomenology, is deepened. The initial theoretical prerequisites for the development of a separate theory of the determination of crime – the theory of radicalization – are proposed. It is argued that without the criminal-radical segment, the discursive-communicative theory of crime determination cannot claim completion. Radicalization theory reveals potentially important (with high heuristic potential) cognitive-logical links with theories of stigma, a number of psychological theories of crime determination
The cross-cutting nature of the phenomenon of radicalism for the whole structure of the subject of criminology has been proved: it is present in the general doctrine of criminogenic determination, the identity of the offender, the mechanism of individual criminal behavior, victimology, as well as in a number of components of the special part of criminology (background, crime, background, crime professional, penitentiary, youth crime, etc.).
The epistemological binary of radicalism is emphasized: it is regarded both as a purely criminal factor and as a mixed criminal-criminal practice factor; both as an object of cognition and as an epistemological tool through which knowledge of the determinative nature of crime, including extra-radical phenomenology, is deepened. The initial theoretical prerequisites for the development of a separate theory of the determination of crime – the theory of radicalization – are proposed. It is argued that without the criminal-radical segment, the discursive-communicative theory of crime determination cannot claim completion. Radicalization theory reveals potentially important (with high heuristic potential) cognitive-logical links with theories of stigma, a number of psychological theories of crime determination
HANENKO I.S.
CERTAIN ASPECTS OF THE ESSENTIAL CHARACTERISTICS OF IMMUNITIES IN THE CRIMINAL PROCESS
Annotation
The article deals with some aspects of the essential characteristics of immunities in criminal proceedings. The key criteria of the ratio of public and private interests in the normative definition of such legal categories as immunity in criminal proceedings are considered. The importance of adhering to a balanced approach to the determination of the legal content of immunities and the importance of avoiding possible suppression of the interests of the State and the personal interests of individuals in criminal proceedings are emphasized. The focus is on the constitutional basis for the protection of human rights and the citizen as one of the guiding principles governing the definition and procedural implementation of immunities in criminal proceedings.
Annotation
The publication is focused on substantiating the need to develop the National Strategy for the Protection of State Sovereignty and Territorial Integrity of Ukraine.
It has been determined that new challenges, requiring to find the ways of the modernization of the relevant social systems, arise alongside the increase of threats to the state sovereignty and territorial integrity of Ukraine and increase of instability in the world. In this regard, the author has emphasized on the necessity to develop the National Strategy for the Protection of State Sovereignty and Territorial Integrity of Ukraine as the basic comprehensive security document for counteracting the socially dangerous encroachments on the state sovereignty and territorial integrity of Ukraine.
Guarantee of independence and state sovereignty, the restoration of the territorial integrity of Ukraine, the development of human capital and social potential, the protection of fundamental rights, freedoms and legitimate interests of the citizens of Ukraine have been determined as the key aspects of the National Strategy for the Protection of State Sovereignty and Territorial Integrity of Ukraine. The main directions of the state policy, which ensure the state sovereignty and territorial integrity of Ukraine, have been outlined.
It has been established that the current legislative regulation of relations in the sphere of protecting state sovereignty and territorial integrity of Ukraine has serious shortcomings. In this regard the author has emphasized on the necessity of complex improvement of regulatory provision of the specifi ed sphere.
It has been concluded that the elaboration of the National Strategy for the Protection of State Sovereignty and Territorial Integrity of Ukraine is one of the state priorities. In fact, the functioning and sustainable developments on a global scale depend on the level of security of a particular state.
It has been determined that new challenges, requiring to find the ways of the modernization of the relevant social systems, arise alongside the increase of threats to the state sovereignty and territorial integrity of Ukraine and increase of instability in the world. In this regard, the author has emphasized on the necessity to develop the National Strategy for the Protection of State Sovereignty and Territorial Integrity of Ukraine as the basic comprehensive security document for counteracting the socially dangerous encroachments on the state sovereignty and territorial integrity of Ukraine.
Guarantee of independence and state sovereignty, the restoration of the territorial integrity of Ukraine, the development of human capital and social potential, the protection of fundamental rights, freedoms and legitimate interests of the citizens of Ukraine have been determined as the key aspects of the National Strategy for the Protection of State Sovereignty and Territorial Integrity of Ukraine. The main directions of the state policy, which ensure the state sovereignty and territorial integrity of Ukraine, have been outlined.
It has been established that the current legislative regulation of relations in the sphere of protecting state sovereignty and territorial integrity of Ukraine has serious shortcomings. In this regard the author has emphasized on the necessity of complex improvement of regulatory provision of the specifi ed sphere.
It has been concluded that the elaboration of the National Strategy for the Protection of State Sovereignty and Territorial Integrity of Ukraine is one of the state priorities. In fact, the functioning and sustainable developments on a global scale depend on the level of security of a particular state.
OSTAPOVYCH V.P.
LEGAL GROUNDS FOR ACTIVITIES OF NPU POLICE PATROL POLICE
Annotation
The article is devoted to the investigation of legal grounds of patrol police officers’ professional activity. Contemporary officers of patrol police of the National Police of Ukraine perform different tasks. First of all officers must ensure public order and security, the protection of human rights and freedoms, the interests of society and the state; prevention, detection and termination of criminal and administrative offenses; ensuring road safety, organizing compliance with laws, other regulations on road safety, providing assistance services to persons who, for personal, economic, social or emergency situations, require such assistance. Patrol police units are expected to substantially improve performance based on the selection of staff with a high level of professional competence to perform their duties, further enhance the professional skills of police offi cers, achieve greater results in the fight against crime and the protection of constitutional rights .
An important component of the effective activity of patrolling units of the National Police of Ukraine is professional staff selection, based on an objective assessment of the availability of the necessary competencies – legal knowledge, as well as many special skills. That is why the study of legal grounds of activity of the patrol police offi cers of the National police of Ukraine becomes especially relevant today. Legal training and legal awareness of patrolling police is a prerequisite for solving problems related to the effective performance of their professional duties, improving their skills, training and retraining, rationalization of working conditions, reduction of injuries and occupational diseases.
The article deals with the normative defi nition of the profession of the patrol police offi cer of the National police of Ukraine; analyzed tasks, duties, responsibilities and rights of patrol officers; outlined the basic principles that the patrol offi cer should follow in his professional activity; the requirements to be met by the candidate for the position of police patrol offi cers; identifi ed the most common mistakes that may occur in patrol activities and their possible consequences.
An important component of the effective activity of patrolling units of the National Police of Ukraine is professional staff selection, based on an objective assessment of the availability of the necessary competencies – legal knowledge, as well as many special skills. That is why the study of legal grounds of activity of the patrol police offi cers of the National police of Ukraine becomes especially relevant today. Legal training and legal awareness of patrolling police is a prerequisite for solving problems related to the effective performance of their professional duties, improving their skills, training and retraining, rationalization of working conditions, reduction of injuries and occupational diseases.
The article deals with the normative defi nition of the profession of the patrol police offi cer of the National police of Ukraine; analyzed tasks, duties, responsibilities and rights of patrol officers; outlined the basic principles that the patrol offi cer should follow in his professional activity; the requirements to be met by the candidate for the position of police patrol offi cers; identifi ed the most common mistakes that may occur in patrol activities and their possible consequences.
NAUMOVA A.O.
PROBLEM ISSUES OF LEGISLATIVE STANDARDIZATION OF PHYSICAL DAMAGES COMPENSATION
Annotation
The article analyzes the controversial issues concerning the definition of the concept of physical harm in the theory of criminal, criminal procedural law, medical criteria of health, physical harm caused to a person. The signs that reveal the meaning of the concept of physical harm caused by a crime are outlined. The expediency of legislative normalization in procedural procedure of compensation procedure for physical harm to the victim is substantiated
Annotation
In the article, on the basis of the analysis of historical documents, normative legal acts and practice of activity, the periods of development of criminal responsibility for robbery according to the criterion of legislative consolidation of this concept are highlighted.
An analysis of the historical documents that claimed responsibility for the robbery testified about the distant past of this crime, although the very concept of “robbery” originated around the 10 th century. The following conditional periods for the development of criminal responsibility for robbery are outlined: 1) the formation of criminal liability for robbery and its attribution to crimes against property (911 – 1st half of the 16th century); 2) normative improvement of criminal responsibility for robbery (II pol. XVI – 1917); 3) detailing the norms of criminal liability for robbery (1917 – 1990); 4) the modern period of development of criminal responsibility for robbery (1990 – our time). To periodize historical development, the author has chosen the criterion of legislative consolidation of the concept of “robbery”, because to establish certain facts only allows the study and comprehensive analysis of official written sources of information, which are historical legal documents. In general, the whole history of the development of responsibility for robbery is a progressive and effective path from robbery as a crime related to murder to robbery as one of the most dangerous crimes against property that affects property relations. At the present stage of development of the Ukrainian state, there are a number of draft laws to amend Art. 187 of the Criminal Code of Ukraine, which are still under discussion and finalization by the Ukrainian legislature.
Based on the results of the study of different approaches to understanding the concept of self-serving violent crime and the scientific- theoretical understanding of the problem of infringement on the property rights and life and health of the person, their prevention, and also taking into account the relevance of this problem, , as an independent special criminological direction.
An analysis of the historical documents that claimed responsibility for the robbery testified about the distant past of this crime, although the very concept of “robbery” originated around the 10 th century. The following conditional periods for the development of criminal responsibility for robbery are outlined: 1) the formation of criminal liability for robbery and its attribution to crimes against property (911 – 1st half of the 16th century); 2) normative improvement of criminal responsibility for robbery (II pol. XVI – 1917); 3) detailing the norms of criminal liability for robbery (1917 – 1990); 4) the modern period of development of criminal responsibility for robbery (1990 – our time). To periodize historical development, the author has chosen the criterion of legislative consolidation of the concept of “robbery”, because to establish certain facts only allows the study and comprehensive analysis of official written sources of information, which are historical legal documents. In general, the whole history of the development of responsibility for robbery is a progressive and effective path from robbery as a crime related to murder to robbery as one of the most dangerous crimes against property that affects property relations. At the present stage of development of the Ukrainian state, there are a number of draft laws to amend Art. 187 of the Criminal Code of Ukraine, which are still under discussion and finalization by the Ukrainian legislature.
Based on the results of the study of different approaches to understanding the concept of self-serving violent crime and the scientific- theoretical understanding of the problem of infringement on the property rights and life and health of the person, their prevention, and also taking into account the relevance of this problem, , as an independent special criminological direction.
CIVIL, ENTREPRENEURIAL, COMMERCIAL AND LABOR LAW
MAMEDOV Z.
GENERAL CHARACTERISTICS OF INHERITANCE LAW
Annotation
The article states that the right of inheritance is a multi-valued concept. It has four meanings: the right to inherit in an objective sense; inheritance law in a subjective sense; in the meaning of inheritance law; in the meaning of the subject course.
In objective meaning, the right of inheritance is understood as a set of property rights and obligations that can be transferred after the death of an individual to other persons, public relations arising from the transfer of certain non-property rights to other persons, as well as legal norms governing other relations related to inheritance.
Under the right of inheritance in the subjective sense, is understood the measure of behavior of a specific person as an heir. We are talking about the right of a particular person to be an heir, to be called to inherit, in a word, about the right to receive the property of a deceased person.
The right of inheritance in the subjective sense is the subjective right of inheritance. A subjective right of inheritance is considered one of the types of subjective civil law.
The right of inheritance in the third meaning is used in the meaning of inheritance law. Under the inheritance law or legislation on inheritance, we mean the totality of legal acts regulating inheritance relations, as well as other relations related to inheritance.
Inheritance law, as a discipline course, teaches the law of inheritance which is a subbranch of civil law, concepts, theories, doctrinal (scientific) thoughts, teachings about this law.
In objective meaning, the right of inheritance is understood as a set of property rights and obligations that can be transferred after the death of an individual to other persons, public relations arising from the transfer of certain non-property rights to other persons, as well as legal norms governing other relations related to inheritance.
Under the right of inheritance in the subjective sense, is understood the measure of behavior of a specific person as an heir. We are talking about the right of a particular person to be an heir, to be called to inherit, in a word, about the right to receive the property of a deceased person.
The right of inheritance in the subjective sense is the subjective right of inheritance. A subjective right of inheritance is considered one of the types of subjective civil law.
The right of inheritance in the third meaning is used in the meaning of inheritance law. Under the inheritance law or legislation on inheritance, we mean the totality of legal acts regulating inheritance relations, as well as other relations related to inheritance.
Inheritance law, as a discipline course, teaches the law of inheritance which is a subbranch of civil law, concepts, theories, doctrinal (scientific) thoughts, teachings about this law.
Annotation
The article discusses the practice of international and national legislations on the equality of religious entities before the law and related scientific and theoretical studies. The author studies the features of the formal legal equality of religious entities, based on a comparative analysis of the relevant legal acts of the Republic of Azerbaijan and several foreign countries, paying particular attention to certain points that impede such equality. The article also substantiates the impossibility and futility of ensuring the actual equality of religious entities and seeks ways out of the problems associated with different approaches of the state to various religions and their institutional structures. Particular attention is paid to the widely used in legal practice support of titular religions based on various classifications as there is no single position in the scientific and theoretical analysis of these problems. In conclusion, specific proposals are made to ensure the maximum formal legal equality of religious entities and to prevent discrimination against them.
Annotation
The article explores grounds for obligatory suspension of proceedings, the practice of court’s application of the Article 251 of the Civil Procedure Code of Ukraine. The importance of this institute is determined as a procedural guarantee of ensuring the rights and freedoms of the participants of the process. At the same time, often the suspension of the proceedings is used by unscrupulous persons to delay the hearing of the case by a court, which results in violation of the principle of reasonable time of the court hearing and indicates abuse of procedural rights. In 2017, amendments to the Civil Procedure Code of Ukraine were aimed at preventing these negative phenomena.
Particular attention is paid to the procedure Of involving a legal successor of a terminated legal person. The process of termination of a legal person is long-lasting, until the relevant information is entered in the Unified State Register of legal persons, natural persons – entrepreneurs and public organizations, the representation of its interests in court is carried out by competent persons. After entering the information on the termination of the legal person in the register, the court involves its successors in the case.
Courts should suspend proceedings if a party or a third party that claims independent demands relative to the subject of the dispute is involved in an Anti-terrorist Operation. But in 2018 Antiterrorist operation was replaced by Joint Forces Operation and names of the persons involved in Anti-terrorist Operation were changed too. So it is necessary to make changes to paragraph 2 of the fi rst part of the Article 251 of the Civil Procedure Code of Ukraine. Also, we consider it necessary to amend the provisions on suspension of proceedings in connection with the stay of the party or the third party that claims independent demands relative to the subject of the dispute in the Armed Forces of Ukraine or other established under the law military units , only if martial law is introduced.
We gave the definition of “dispute resolution involving a judge” and main Supreme court’s position, including decisions made on the basis of application of paragraph 6 of the fi rst part of Article 251 of the Civil Procedure Code of Ukraine.
Particular attention is paid to the procedure Of involving a legal successor of a terminated legal person. The process of termination of a legal person is long-lasting, until the relevant information is entered in the Unified State Register of legal persons, natural persons – entrepreneurs and public organizations, the representation of its interests in court is carried out by competent persons. After entering the information on the termination of the legal person in the register, the court involves its successors in the case.
Courts should suspend proceedings if a party or a third party that claims independent demands relative to the subject of the dispute is involved in an Anti-terrorist Operation. But in 2018 Antiterrorist operation was replaced by Joint Forces Operation and names of the persons involved in Anti-terrorist Operation were changed too. So it is necessary to make changes to paragraph 2 of the fi rst part of the Article 251 of the Civil Procedure Code of Ukraine. Also, we consider it necessary to amend the provisions on suspension of proceedings in connection with the stay of the party or the third party that claims independent demands relative to the subject of the dispute in the Armed Forces of Ukraine or other established under the law military units , only if martial law is introduced.
We gave the definition of “dispute resolution involving a judge” and main Supreme court’s position, including decisions made on the basis of application of paragraph 6 of the fi rst part of Article 251 of the Civil Procedure Code of Ukraine.
Annotation
The proposed article draws attention to the fact that relations with transportation on any form of transport, including on the railway, arise between the individual (legal) person and the subject of transport activity, which performs the said transportation. More than one transport enterprise may be involved in the carriage, but they may refer to different modes of transport. It is worth noting that at present the solution to the issues of rail transport relations is much more complicated, which is due to the emergence of new independent commercial organizations, which used to be structural units of transport organizations acting as carriers.
Railway transport relations are a kind of civil law relationship, and thus they are characterized by general legal relationships. Participants in rail transport relations, as well as members of general civil relations, have subjective rights and obligations. Railway transport relations also have relevant features of civil relations, such as property and non-prop- erty relations governed by civil law, the legal equality of participants in railway transport relations, the corresponding rights and obligations of the aforementioned participants, which arise, terminate and change. legal facts.
The article also provides an analysis on the basis of which the structure of rail transportation relations is defined in the form of regulatory, security, generally regulatory, relative, active, passive, property, obligation, nonproperty rail transportation relations. At the same time, there are common elements of the relations with the rail transport, such as the subjects of the relations with the rail transport, the objects of the relations with the rail transport, the subjective rights of the subjects of the relations with the rail transport, and the subjective the obligation of relations with the carriage by rail.
Railway transport relations are a kind of civil law relationship, and thus they are characterized by general legal relationships. Participants in rail transport relations, as well as members of general civil relations, have subjective rights and obligations. Railway transport relations also have relevant features of civil relations, such as property and non-prop- erty relations governed by civil law, the legal equality of participants in railway transport relations, the corresponding rights and obligations of the aforementioned participants, which arise, terminate and change. legal facts.
The article also provides an analysis on the basis of which the structure of rail transportation relations is defined in the form of regulatory, security, generally regulatory, relative, active, passive, property, obligation, nonproperty rail transportation relations. At the same time, there are common elements of the relations with the rail transport, such as the subjects of the relations with the rail transport, the objects of the relations with the rail transport, the subjective rights of the subjects of the relations with the rail transport, and the subjective the obligation of relations with the carriage by rail.
NAKONECHNA T.V.
ANALYSIS OF THE CIVIL LEGISLATION OF UKRAINE REGARDING THE CARRIAGE OF TRANSPORTATION
Annotation
The article provides a General description of the proper legal regulation of transport, which is due to the need to create a mechanism of legal regulation of transport relations, taking into account the relations between the European Union and Ukraine in the field of transport policy, during the integration of Ukraine into the EU. It is determined that under the legislation of Ukraine, the transport contracts are, in essence, to consensual contracts, the order of the conclusion of the said contract of carriage has some differences in a certain specificity, which is the membership of the above agreements to the public.
Highlighted that Ukraine has a transportation is established: the Rules of carriage of passengers, baggage, cargo and mail by railway transport of Ukraine, Rules of transportation of cargoes by motor transport in Ukraine, the Rules of provision of passenger road transport, Rules of air carriage of passengers and baggage, the Air code of Ukraine, the Charter of Railways of Ukraine, the Code of trade navigation of Ukraine and the like. It is proved that the implementation of transport contracts – is regulated by the law and the process of committing parties to these contracts of consistent and necessary actions that were stipulated in the contract of carriage or bill of lading.
Therefore, the improvement of domestic and interstate regulation of transport is the most important direction of economic reforms.
Highlighted that Ukraine has a transportation is established: the Rules of carriage of passengers, baggage, cargo and mail by railway transport of Ukraine, Rules of transportation of cargoes by motor transport in Ukraine, the Rules of provision of passenger road transport, Rules of air carriage of passengers and baggage, the Air code of Ukraine, the Charter of Railways of Ukraine, the Code of trade navigation of Ukraine and the like. It is proved that the implementation of transport contracts – is regulated by the law and the process of committing parties to these contracts of consistent and necessary actions that were stipulated in the contract of carriage or bill of lading.
Therefore, the improvement of domestic and interstate regulation of transport is the most important direction of economic reforms.
BONDARYEV E.M.
DISCUSSION ISSUES OF DEFINITION OF THE SUBJECT OF THE SHAREHOLDER AGREEMENT
Annotation
The article is focused on studying the issue of determining the subject matter of a shareholders’ agreement. The topic chosen is relevant, since it is impossible to have a clear idea without answering this question about the components contained in its content, about means of protection provided to its parties, and about measures of liability permissible in case of the violation of the obligations enshrined in the agreement.
It has been concluded that the subject matter of a shareholders’ agreement, in the sense of legislative regulation, is actions aimed at exercising (withholding from exercising) the corporate rights of shareholders. Accordingly, there are no “new” corporate rights under such an agreement. The procedure of exercising the rights by shareholders under shareholders’ agreement may involve the assignment to them of both active obligations (to take certain actions) and passive type obligations (to refrain from taking actions). The subject matter of the shareholders’ should not cover the relations regulated by imperative norms of legislation and cannot substitute a charter of a company. If the norm is dispositive and involves the choice of behavior, the relations regulated by such norm may be also regulated by a shareholders’ agreement.
It has been established that the feature of the subject matter of the shareholders’ agreement is that it provides not direct exercise of the rights of shareholders, but such a model of their behavior, which contains the choice of a certain way of exercising the rights of shareholders in the future, or the conditions for exercising those rights, or conditions, when the rights will not be exercised until they are carried out. In fact, these are certain self-restrictions of the rights of shareholders that are embodied in a form of obligations. In this case, the shareholders choose certain ways of exercising their rights or determine the conditions under which they will exercise their rights or they will refrain from exercising these rights before they are carried out.
It has been concluded that the subject matter of a shareholders’ agreement, in the sense of legislative regulation, is actions aimed at exercising (withholding from exercising) the corporate rights of shareholders. Accordingly, there are no “new” corporate rights under such an agreement. The procedure of exercising the rights by shareholders under shareholders’ agreement may involve the assignment to them of both active obligations (to take certain actions) and passive type obligations (to refrain from taking actions). The subject matter of the shareholders’ should not cover the relations regulated by imperative norms of legislation and cannot substitute a charter of a company. If the norm is dispositive and involves the choice of behavior, the relations regulated by such norm may be also regulated by a shareholders’ agreement.
It has been established that the feature of the subject matter of the shareholders’ agreement is that it provides not direct exercise of the rights of shareholders, but such a model of their behavior, which contains the choice of a certain way of exercising the rights of shareholders in the future, or the conditions for exercising those rights, or conditions, when the rights will not be exercised until they are carried out. In fact, these are certain self-restrictions of the rights of shareholders that are embodied in a form of obligations. In this case, the shareholders choose certain ways of exercising their rights or determine the conditions under which they will exercise their rights or they will refrain from exercising these rights before they are carried out.
Annotation
The article presents research on the problems of financial monitoring in the sphere of cryptocurrency circulation. Special attention is paid to the study of problems of identification, verification and study of participants in financial transactions with cryptocurrencies.
The main aspects of cryptocurrency anonymity and current developments in the processing of cryptocurrency transaction data were analyzed. In the course of the study, cryptocurrencies were considered for possible deanonymization. So, the existing cryptocurrencies can be divided into cryptocurrencies, information about transactions that can be analyzed, classified, systematized, and cryptocurrencies with increased anonymity. The first type includes most cryptocurrencies on the market, including Bitcoin (BTC), Litecoin (LTC), Ethereum (ETH), Bitcoin Cash (BCH), Tether (USDT). In turn, cryptocurrencies with enhanced anonymity built on the Cryptonote Protocol include bytecoin, Monero, DarkNote, DASH and the first Ukrainian cryptocurrency KARBO (Karbowanec).
This article examines the achievements of such global companies as CipherTrace, Chainalysis and Elliptic, which are actively developing the direction of data analysis in the fi eld of cryptocurrency circulation. Their software solutions are able to offer a fairly wide range of monitoring capabilities for almost 87% of the cryptocurrency market, in order to systematize and process information about the account type of account holders, types of contracts, contract holders, and so on.
The study also analyzes the latest trends in the global approach to determining the legal status of cryptocurrencies. For example, Financial Action Task Force on Money Laundering (FATF) recommends that cryptocurrencies should be considered as «virtual assets». At the same time, financial transactions with such virtual assets, according to experts, should be subject to regulation and financial monitoring, as well as any other fi nancial transactions. Financial monitoring of cryptocurrency circulation, first of all, should be carried out by controlling «service providers with virtual as- sets». According to experts, such service providers with virtual assets should be subject to the regulation of legislation on preventing and combating money laundering and terrorist financing, receive a license, be subject to a monitoring and supervision system, and have the same set of obligations as financial institutions.
The article also analyzes the latest changes in domestic legislation in this area. Conclusions are drawn about the appropriateness of the chosen direction of regulation, since these changes are based on world experience, as well as recommendations and expertise of organizations such as FATF.
The main aspects of cryptocurrency anonymity and current developments in the processing of cryptocurrency transaction data were analyzed. In the course of the study, cryptocurrencies were considered for possible deanonymization. So, the existing cryptocurrencies can be divided into cryptocurrencies, information about transactions that can be analyzed, classified, systematized, and cryptocurrencies with increased anonymity. The first type includes most cryptocurrencies on the market, including Bitcoin (BTC), Litecoin (LTC), Ethereum (ETH), Bitcoin Cash (BCH), Tether (USDT). In turn, cryptocurrencies with enhanced anonymity built on the Cryptonote Protocol include bytecoin, Monero, DarkNote, DASH and the first Ukrainian cryptocurrency KARBO (Karbowanec).
This article examines the achievements of such global companies as CipherTrace, Chainalysis and Elliptic, which are actively developing the direction of data analysis in the fi eld of cryptocurrency circulation. Their software solutions are able to offer a fairly wide range of monitoring capabilities for almost 87% of the cryptocurrency market, in order to systematize and process information about the account type of account holders, types of contracts, contract holders, and so on.
The study also analyzes the latest trends in the global approach to determining the legal status of cryptocurrencies. For example, Financial Action Task Force on Money Laundering (FATF) recommends that cryptocurrencies should be considered as «virtual assets». At the same time, financial transactions with such virtual assets, according to experts, should be subject to regulation and financial monitoring, as well as any other fi nancial transactions. Financial monitoring of cryptocurrency circulation, first of all, should be carried out by controlling «service providers with virtual as- sets». According to experts, such service providers with virtual assets should be subject to the regulation of legislation on preventing and combating money laundering and terrorist financing, receive a license, be subject to a monitoring and supervision system, and have the same set of obligations as financial institutions.
The article also analyzes the latest changes in domestic legislation in this area. Conclusions are drawn about the appropriateness of the chosen direction of regulation, since these changes are based on world experience, as well as recommendations and expertise of organizations such as FATF.
INTERNATIONAL LAW
RAYKO M.S.
MAIN DIRECTIONS OF DEVELOPMENT OF LEGAL REGULATION OF FINANCIAL MARKETS
Annotation
There are scrutinized the theoretical fundamentals of regulation of financial markets and the notion of financial markets’ effective operation, in the article. The main directions of the elaboration and appliance of the legal mechanisms of fi nan- cial markets regulation are defi ned, based on the studying of scientifi c and practical experience. Legal regulation of fi nancial markets is important instrument and one of the main components of the regulatory system of the state fi nancial order. The availability of the norms and mechanisms of legal regulation allows procuring the effective functioning of financial markets as well as creating the system which is capable to override crises and imbalances inherent to the ones.
Annotation
The authors analyzed the relevant norms of international maritime law and Ukrainian and Russian legislation in the context of delimitation of maritime boundaries.
Article 298 of the United Nations Convention on the Law of the Sea embodies a compromise on dispute settlement following extensive negotiations between those States which favoured compulsory and binding dispute settlement procedures and other States which sought to exclude even non-binding dispute settlement procedures
The authors made a conclusion on necessity of the commence the compulsory conciliation on maritime delimitation between Ukraine and Russia under Article 298(1)(a)(i) and Annex V, section 2 of the UNCLOS with the objective of archiving a permanent maritime boundary between States.
In such proceedings, a neutral commission is established to hear the parties, examine their claims and objections, make proposals to the parties, and otherwise assist the parties in reaching an amicable settlement. Conciliation is not an adjudicatory proceeding, nor does a conciliation commission have the power to impose a legally binding solution on the parties; instead, a conciliation commission may make recommendations to the parties.
Article 298 of the United Nations Convention on the Law of the Sea embodies a compromise on dispute settlement following extensive negotiations between those States which favoured compulsory and binding dispute settlement procedures and other States which sought to exclude even non-binding dispute settlement procedures
The authors made a conclusion on necessity of the commence the compulsory conciliation on maritime delimitation between Ukraine and Russia under Article 298(1)(a)(i) and Annex V, section 2 of the UNCLOS with the objective of archiving a permanent maritime boundary between States.
In such proceedings, a neutral commission is established to hear the parties, examine their claims and objections, make proposals to the parties, and otherwise assist the parties in reaching an amicable settlement. Conciliation is not an adjudicatory proceeding, nor does a conciliation commission have the power to impose a legally binding solution on the parties; instead, a conciliation commission may make recommendations to the parties.
CONGRESSES, MEETINGS, CONFERENCES
TURCHYN L.YA.
LEGAL BASIS OF FORMATION OF THE AUTHORIZED CAPITAL OF ECONOMIC COMPANIES BY PROPERTY RIGHTS OF INTELLECTUAL PROPERTY
Annotation
DISCUSSIONS, DISCUSSIONS, CURRENT
SVIR P.V.
FOREIGN EXPERIENCE TO PREVENT ROBBERY ATTACKS ON CITIZENS ‘HOUSING
Annotation
In the article, based on the study of foreign experience (European countries, USA, Japan), it is found out that in the sphere of citizens’ housing security the leading role is played by technical security systems, in particular an autonomous security system operated by several operators, which itself assesses the degree of threat and can raise alarm. , and there is a gradual transition from physical security (armed security) to the use of special security and alarm systems that either neutralize the threat themselves or alert the police and security service. The basic security services and actions that will help to improve the safety of housing of citizens in Ukraine have been identified. The minimum standards of safety of housing of citizens are offered.
Due to the importance of crime prevention in the developed world, it is necessary to introduce their positive experience in Ukraine. Yes, the US is characterized by positive crime-fighting efforts in national planning, and Japan – at the local level. In particular, in 1970, the United States Congress passed the Organized Crime Control Act, which provides for a series of legislative and preventative measures to prevent crimes subject to federal jurisdiction. In the United States, there is a growing involvement of citizens in prevention work, where there is an institute of voluntary police assistants.
The low criminalization of Japanese society is explained by the active support of the police in crime prevention and the high discipline of society. The prevention system in Japan is focused on local crime prevention programs, contains both criminological crime screening measures and specific crime prevention measures. Early prevention functions are carried out by special rehabilitation assistance bodies, which include volunteer and full-time staff. Municipal programs are actively used in which the population of the districts is involved. In Japan, there is also the Crime Prevention Association, a non-governmental organization operating at different levels at each police station, and its lower links are crime prevention outlets that work in contact with quarterly selfgoverning committees. The Association and its structural units in all prefectures are engaged in the prevention ofjuvenile crime
In France, in 1983, a National Council for the Prevention of Crime was formed, comprising members of parliament, mayors, ministers, experts, and representatives of business structures. The Prime Minister is the head of the National Crime Prevention Council. The Council resolves the following tasks: it finances crime prevention programs; informs the public about the state of crime; develops national policies in the field of crime prevention, stimulates state anti-criminal initiatives, coordinates interaction between local authorities, public organizations and the private sector.
A Standing Conference on Crime Prevention has been operating in the UK since 1966, comprising representatives of the Confederation of British Industrialists, the Chamber of Commerce, trade unions and the Association of Senior Police Officers. The organization includes working groups that specialize in theft and robbery prevention.
Due to the importance of crime prevention in the developed world, it is necessary to introduce their positive experience in Ukraine. Yes, the US is characterized by positive crime-fighting efforts in national planning, and Japan – at the local level. In particular, in 1970, the United States Congress passed the Organized Crime Control Act, which provides for a series of legislative and preventative measures to prevent crimes subject to federal jurisdiction. In the United States, there is a growing involvement of citizens in prevention work, where there is an institute of voluntary police assistants.
The low criminalization of Japanese society is explained by the active support of the police in crime prevention and the high discipline of society. The prevention system in Japan is focused on local crime prevention programs, contains both criminological crime screening measures and specific crime prevention measures. Early prevention functions are carried out by special rehabilitation assistance bodies, which include volunteer and full-time staff. Municipal programs are actively used in which the population of the districts is involved. In Japan, there is also the Crime Prevention Association, a non-governmental organization operating at different levels at each police station, and its lower links are crime prevention outlets that work in contact with quarterly selfgoverning committees. The Association and its structural units in all prefectures are engaged in the prevention ofjuvenile crime
In France, in 1983, a National Council for the Prevention of Crime was formed, comprising members of parliament, mayors, ministers, experts, and representatives of business structures. The Prime Minister is the head of the National Crime Prevention Council. The Council resolves the following tasks: it finances crime prevention programs; informs the public about the state of crime; develops national policies in the field of crime prevention, stimulates state anti-criminal initiatives, coordinates interaction between local authorities, public organizations and the private sector.
A Standing Conference on Crime Prevention has been operating in the UK since 1966, comprising representatives of the Confederation of British Industrialists, the Chamber of Commerce, trade unions and the Association of Senior Police Officers. The organization includes working groups that specialize in theft and robbery prevention.