scholarly journals The Agencies of the National Police of Ukraine as a Subject of Prevention and Counteraction to Corruption in Ukraine

2019 ◽  
Vol 72 (1) ◽  
pp. 72-77
Author(s):  
V. B. Pchelin
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Legal Principles ◽  
Legal Structure ◽  
Police Agencies ◽  
The Status ◽  
Internal Relations ◽  
The Subject ◽  
National Police ◽  
Police Activity

The author of the article has studied the legal status of the agencies of the National Police of Ukraine as a subject of prevention and counteraction to corruption. On the basis of the analysis of the current Ukrainian legislation, as well as professional scientific sources, it has been established that the status of such a subject is defined either as “the subject of preventing corruption” or as “the subject of counteracting to corruption”, which does not quite accurately reflect the essence of the activities of the police in this direction. The author has carried out a comparison of legislation defining the legal principles for anti-corruption activities in general, as well as the principles of the police activity of Ukraine as a subject of prevention and counteraction to corruption in particular. As an example of the activities of the National Police of Ukraine as a subject of prevention and counteraction to corruption, the author has provided fundamental differences between the categories of “prevention of corruption” and “counteraction to corruption”. The expediency of using a single legal structure “the subject of prevention and counteraction to corruption” has been substantiated. In this regard, it has been emphasized that the activities of the National Police of Ukraine on preventing and counteracting to corruption are the only, integral area of the implementation of its powers. It has been clarified that the agencies of the National Police of Ukraine, acting as a subject of prevention and counteraction to corruption, realize their powers both in internal relations and externally. Due to the analysis of procedural legislation, the author has established the types of corrupt and corruption-related offenses, which should be addressed by the agencies of the National Police as a subject of prevention and counteraction to corruption. The author’s vision of the essence of the agencies of the National Police of Ukraine as a subject of prevention and counteraction to corruption has been presented. The author has determined some shortcomings of the legal regulation of the legal status of the National Police agencies as a subject of prevention and counteraction to corruption. The ways of solving such shortcomings have been offered.

scholarly journals The Current Status of Administrative and Legal Regulation of the Activities of Specially Authorized Entities in the Field of Combating Corruption in Ukraine

2020 ◽  
Vol 90 (3) ◽  
pp. 177-186
Author(s):  
В. І. Стреляний
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Current Status ◽  
Public Agencies ◽  
Public Authorities ◽  
Police Agencies ◽  
The Status ◽  
The Law ◽  
National Police

The author has revealed the content of the term of “specially authorized entities in the field of combating corruption” contained in Part 1 of the Art. 1 of the Law of Ukraine “On Prevention of Corruption”. By analyzing the current administrative legislation of Ukraine, the range of public authorities that fall under this concept has been identified. Based on the classification of public authorities existing in administrative science, which are divided into agencies of general and special competence, the author has provided recommendations to improve the list of those public agencies that have the status of specially authorized entities in the field of combating corruption. According to the results of the study, the author has formulated an exhaustive list of specially authorized entities in the field of combating corruption in Ukraine, has provided propositions to improve the provisions of the Law of Ukraine “On Prevention of Corruption” and the Law of Ukraine “On Prosecutor’s Office” in regard to the administrative and legal status of the Specialized Anti-Corruption Prosecutor’s Office. The author has offered to amend Part 1 of the Art. 7 of the Law of Ukraine “On the Prosecutor’s Office”, supplementing it with the word “agencies” after the word “system” and before the word “prosecutor’s office”. Thus, this norm will look like this: “the system of agencies of prosecutor’s offices will consist of: 1) Attorney General’s Office; 2) prosecutor’s offices in oblasts; 3) regional prosecutor’s offices; 4) Specialized Anti-Corruption Prosecutor’s Office. It has been established that only the Specialized Anti-Corruption Prosecutor’s Office can be recognized as a specially authorized entity in the field of combating corruption among the existing prosecutor’s offices. In this regard, the application of the term of “agencies of prosecutor’s office” in Part 1 of the Art. 1 of the Law of Ukraine “On Prevention of Corruption” is not grounded and leads to a false expansion of the range of anti-corruption entities. In practice, this may lead to an ambiguous interpretation of this legal norm. In this regard, the author has offered to specify the range of prosecutorial agencies that are specially authorized entities in the field of counteraction by replacing the phrase “agencies of prosecutor’s office” with the phrase “Specialized Anti-Corruption Prosecutor’s Office”. It has been determined that either the National Police of Ukraine or its separate agencies are not specially authorized entities in the field of combating corruption. In this regard, it has been offered to amend Part 1 of the Art. 1 of the Law of Ukraine “On Prevention of Corruption” by replacing the phrase “National Police” with the phrase “National Police Units”. Thus, those structural subdivisions of the National Police agencies that exercise competence in the field of combating corruption may be recognized as specially authorized entities in the field of anti-corruption.

Organizer of Scientific Activity as a Subject of Intellectual Rights

2020 ◽  
pp. 42-53
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Research Teams ◽  
Legal Structure ◽  
The Status ◽  
Scientific Results ◽  
Exclusive Right ◽  
Academic Search ◽  
Scientific Team

The author analyzes the legal status of the organizers of artistic creation, enshrined in the Russian legislation de lege lata, and develops the legal status of the organizer of scientific activities de lege ferenda. It is proposed to consider the organizer of scientific activity as only the head of the temporary scientific team, the purpose of which is to solve a specific scientific problem. A set of elements of the legal structure is formulated, which may be fixed in a normative manner in order to ensure uniformity of legal regulation of the activities of temporary research teams. The status of the organizer of scientific activity is determined on the base of his organizational efforts to guide the creative activities of the team (a distinction is made between the creative and organizational contribution of the head of the scientific team to the overall result). Various options for modeling the legal status of the organizer of scientific activities are discussed: inclusion of the organizer among the co-authors the scientific results obtained by the team; inclusion of the organizer among the co-authors in case if he / she has a creative idea (topic) of academic search; granting the organizer related intellectual rights to the entire result obtained by the team. It is presumed that the organizer of scientific activity is the author of the idea of scientific search for solving the task set for the temporary team. It is concluded that the organizer of scientific activity (the head of the temporary scientific team) must be endowed with related intellectual rights: 1) the exclusive right to use the scientific result obtained by the team as a whole, and 2) the personal non-property right to indicate his name in any use of this result. The author substantiates the content, non-turnover and special validity period of the exclusive right of the organizer of scientific activity.

scholarly journals On the Problems of Corporate Legal Relations in the Civil Legislation of the Republic of Tajikistan

2020 ◽  
Vol 15 (4) ◽  
pp. 21-28
Author(s):  
H. T. Nasirov
Keyword(s):  
Legal Status ◽  
Corporate Law ◽  
Or Management ◽  
Corporate Organization ◽  
The Status ◽  
Internal Relations ◽  
Common Interests ◽  
The Subject ◽  
The Republic ◽  
Private Individual

In the framework of this article, when considering corporate legal relations, their civil-legal component is presumed, which is based on the part of the internal relations of a legal entity existing in corporate organizations, associated with participation in these organizations or management of them. In this regard, it is proposed to consider corporate law as a special institution of civil law, the rules of which regulate civil relations in corporate organizations or their management, arising primarily between the founders of a corporate organization, as well as between the corporate organization and its founders. At the same time, having analyzed the legal status of participants of intraorganizational corporate legal relations, it is noted that due to the lack of some of them the status of the subject of civil legal relations, not all non-prohibited by law intraorganizational corporate legal relations aimed at achieving both common interests and pursuing private individual interests of members of corporations can be civil legal relations.

scholarly journals Peculiarities of administrative and legal status of subjects of disciplinary proceeding in the bodies of the National Police of Ukraine

2018 ◽  
pp. 50-59
Author(s):  
Nadiia Medvedenko
Keyword(s):  
Police Officer ◽  
Legal Status ◽  
Legal Provision ◽  
The Status ◽  
Scientific Opinion ◽  
The Subject ◽  
National Police

The article analyzes regulatory and legal sources that regulate disciplinary liability and disciplinary proceedings in the bodies of the National Police of Ukraine, as well as scientific opinion on the administrative and legal status of subjects of disciplinary proceedings in the bodies of the National Police of Ukraine. For disciplinary proceedings, as well as for other types of proceedings, the presence of a certain circle of persons who are its participants – subjects of disciplinary proceedings, and have a definite legal status is characteristic. And the peculiarities of the legal status of the police officer, determine the peculiarities of the status of the subject of disciplinary proceedings in the bodies of the National Police of Ukraine. As a result of the study of the content of the normative legal provision of disciplinary responsibility and scientific works on this topic, the classification of subjects of disciplinary proceedings in the bodies of the National Police of Ukraine was carried out and their legal status was considered. It is noted that for subjects of disciplinary proceedings characterized by a combination of different functions during the proceedings. Thus, the manager who appointed an official investigation may be the subject of initiation or an auxiliary entity. Or the subject of initiation maybe come the subject, which directly conducts official investigation. Therefore, it is not always possible to clearly distinguish subjects of disciplinary proceedings in their functions by combining and combining these functions. The legal status is determined by law only for a separate circle of subjects: the chief who appoints an official investigation, the executive (heads, members of the commission) conducting an official investigation, and, in part, the person in respect of which the official investigation is conducted (lack of legal consolidation of his duties, which may hinder the qualitative and objective conduct of a business investigation). The legal status of other subjects of disciplinary proceedings remains uncertain and needs to be established.

scholarly journals The status of a Deputy in the system of the state and municipal positions

2021 ◽  
Vol 2021 (1) ◽  
pp. 54-60
Author(s):  
Alla Gutorova
Keyword(s):  
Internal Structure ◽  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
The State ◽  
The Public ◽  
The People ◽  
The Status ◽  
The Subject ◽  
The Russian Federation

The article defines the constitutional and legal status of deputies in relation to the system of the state and municipal positions. The Deputy’s mandate gives a Deputy the opportunity to act as a representative of the people, as well as a representative of the authorities. Accordingly, within the framework of constitutional and legal regulation, it is necessary to analyze and compare the term «position» with such terms as «post», «institution» and «deputy position». In the article, the author used formal-legal and comparative methods, which allowed revealing the differences in these terms, disadvantages in the constitutional legal regulation of the position of Deputy in the system of the state positions. As a consequence of the analysis, the author comes to the conclusion that the terms «deputy position», «post», «institution» are identical. Also the author identifies the differences in the terms such as « position of Deputy» and «deputy position». As a result of the election, the candidate gets the position of Deputy, which, in its turn, gives him the opportunity to be elected to the deputy position. At the same time it is not legislatively defined the place of a member of the Federation Council, Deputy of the State Duma, Deputy of the Supreme body of the Executive or Legislature of the Federation’s subject in the system of the public posts. It is necessary to reorganize the internal structure of the legislative authorities to exclude «superior positions» as much as possible, thereby guaranteeing the equality of deputies’ status. However, at the constituent entities, deputies should have the opportunity to influence on the formation of the Executive bodies of the subject of the Russian Federation.

scholarly journals Legal regulation of pension security of the migrant workers in Russia

2020 ◽  
pp. 94-111
Author(s):  
Ivan Vladimirovich Grigorev
Keyword(s):  
Migrant Workers ◽  
Legal Status ◽  
Migrant Worker ◽  
Case Law ◽  
Legal Regulation ◽  
Demographic Situation ◽  
Scientific Analysis ◽  
The Status ◽  
The Subject ◽  
The Right

The subject of this research is the normative legal acts of Russian and international legislation regulating the peculiarities of pension security of the migrant workers . The article outlines the problems of demographic situation in Russia, examines the questions f attracting foreign workforce from the historical perspective, determines the characteristics and provides scientific definition to the concept of "migrant worker", analyzes the legal status of foreign citizens applicable to pension security. Detailed analysis is conducted on intergovernmental agreements that establish the framework for acquisition and reservation of the right of migrants with regards to pension security. Special attention is turned to the case law materials, as well the factors of acquisition of rights to non-contributory pension by migrants in the Russian Federation. The scientific novelty consists in conducting a comprehensive research of legal regulation of pension security of the migrant workers in Russia. The article reveals the transformation of contractual practice of intergovernmental regulation of the questions granting pensions to the migrants, prioritizing the proportional principle of structuring contracts and agreements. The author’s special consists in conducting scientific analysis of the content of the “Pension Agreement for Working Population of the EAEU Member States” of December 20, 2019, which determines the peculiarities of right to pension security, establishes size of payments based on length of employment. The main conclusions consist in the description of several alternatives of regulation of relations in the area of pension security of the migrant workers, depending on the status of foreign citizen, presence of intergovernmental agreement, and their content. Recommendations are formulated on the improvement of the current Federal legislation.

scholarly journals Legal regulation of practices of the police as an entity in charge of preventing and combating corruption in Ukraine

2021 ◽  
Vol 39 (69) ◽  
pp. 735-755
Author(s):  
Lina M. Tovpyha ◽  
Igor D. Pastukh ◽  
Tetiana Yu. Tarasevych ◽  
Serhii V. Bondar ◽  
Oksana V. Ilina
Keyword(s):  
Regression Analysis ◽  
National Security ◽  
Legal Status ◽  
Legal Regulation ◽  
Analysis Method ◽  
The World ◽  
Comprehensive Development ◽  
Definition Of ◽  
National Police ◽  
Police Practices

This article deals with the legal regulation of the practices of the police as an entity responsible for preventing and combating corruption. The study shows that corruption is becoming increasingly widespread, creating major obstacles to the comprehensive development of the economy and national security of any state. The objectives of this study were to clarify the problematic aspects of the legal regulation of police practices as an entity responsible for preventing corruption, to identify positive international experience in this area and to clarify its implementability in Ukraine. The corruption perceptions index regression analysis method was applied in 12 different countries around the world for 2018 and 2019. On the basis of the analysis, the authors propose to amend Ukrainian legislation with regard to the definition of the legal status of police practices as an entity responsible for preventing and combating corruption at the level of Ukrainian legislation, detailing the powers of the National Police as a specially authorized entity in the field of preventing and combating corruption in the Ukrainian Law "On the National Police".

scholarly journals ON QUESTION OF THE PRINCIPLE OF EQUITY IN THE ENFORCEMENT OF MONETARY OBLIGATIONS

2018 ◽  
Vol 1 (2(14)) ◽  
pp. 99-102
Author(s):  
Halyna Volodymyrivna Zadorozhnia ◽  
Yurij Anatoliyovych Zadorozhnyi ◽  
Ruslana Оlexandrivna Kotsiuba
Keyword(s):  
Research Study ◽  
Legal Regulation ◽  
The State ◽  
Entrepreneurial Activity ◽  
Target Setting ◽  
The Status ◽  
Legislative Proposals ◽  
The Subject ◽  
Legislative Changes ◽  
The Individual

Urgency of the research. Study of the problem of implementation of monetary obligations in the field of banking relations is determined by violation of the principle of equity in relation to individuals. Target setting. The state has actually removed from the regulation of credit relations in the field of ensuring the fulfilment of monetary obligations that arise between the individual and the bank. Actual scientific researches and issues analysis. Many modern scientists (I. Bezklubyi, T. Bodnar, A. Dzera, A. Kolodiy, V. Lutz, I. Opadchiy and others) studied the institution of the fulfilment of monetary obligations. Uninvestigated parts of general matters defining. Behind attention of scientists was left the issue of protecting the rights of individuals who have monetary obligations to the bank and do not have the status of the subject of entrepreneurial activity. The research objective. The purpose of the article is to develop legislative proposals taking into account international and foreign practice in the aspect of protecting the rights of individuals who have monetary obligations to the bank. The statement of basic materials. Specifics of legal regulation of contractual relations is determined between banks and recipients of funds in the aspect of liability for late fulfilment of monetary obligations, propositions to the legislation were substantiated. Conclusions. It is offered to solve the problem of violation of the principle of fairness in the aspect of fulfilment of monetary obligations in the field of banking relations through legislative changes.

scholarly journals Legal Regulation of the Status of Subjects of Special Competence in Relation to Public Administration in the Sphere of Intellectual Property in Ukraine

2021 ◽  
Vol 9 (2) ◽  
pp. 221-236
Author(s):  
Yevhen Leheza ◽  
Yuriy Deliya ◽  
Eduard Ryzhkov ◽  
Serhii Albul ◽  
Oleksandr Shamara
Keyword(s):  
Intellectual Property ◽  
Public Administration ◽  
Legal Status ◽  
Legal Regulation ◽  
Documentary Sources ◽  
Domestic Legislation ◽  
The Status ◽  
Special Competence

Relevant issues of the administrative and legal status of subjects of special competence in relation to public administration in the field of intellectual property are considered. Main  content. A circle of specified subjects in the system of subjects of public administration is determined. The role of subjects of special competence in the fulfilment of tasks of public administration in the sphere of intellectual property is identified. Classification of subjects of special competence regarding public administration in this field is presented. Features of the administrative or legal status of each group of subjects of special competence in relation to public administration in the field of intellectual property are analyzed. Specifics of the influence of these subjects on legal relations arising in the sphere of intellectual property are characterized. Materials and methods research based on the analysis of documentary sources. the  basis  is  the  dialectical  method  of  cognition  of  the  facts  of  social  reality,  on  which  the  formal legal and comparative legal approaches are largely based. Conclusions are drawn about the place of subjects of special competence in relation to public administration in the field of intellectual property among other subjects. Proposals on the necessity to improve current domestic legislation in the sphere of intellectual property are formulated.Keywords: Public administration; Intellectual property; Legal regulation; Relation; Sphere; Subjects of special competence Peraturan hukum status subjek kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual di Ukraina  Abstrak.Masalah yang relevan dari status administrasi dan hukum mata pelajaran kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual dipertimbangkan. Isi utama. Lingkaran mata pelajaran tertentu dalam sistem mata pelajaran administrasi publik ditentukan. Peran mata pelajaran kompetensi khusus dalam pemenuhan tugas administrasi publik di bidang kekayaan intelektual diidentifikasi. Klasifikasi mata pelajaran kompetensi khusus tentang administrasi publik di bidang ini disajikan. Fitur status administrasi atau hukum dari setiap kelompok mata pelajaran kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual dianalisis. Spesifik pengaruh subjek ini pada hubungan hukum yang timbul di bidang kekayaan intelektual dicirikan. Bahan dan metode penelitian berdasarkan analisis sumber dokumenter. Basisnya adalah metode kognisi dialektis atas fakta-fakta realitas sosial, yang menjadi dasar sebagian besar pendekatan hukum formal dan hukum komparatif. Kesimpulan diambil tentang tempat mata pelajaran kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual antara mata pelajaran lainnya. Proposal tentang perlunya meningkatkan undang-undang domestik saat ini di bidang kekayaan intelektual dirumuskan.Kata kunci: Administrasi publik, Kekayaan intelektual, Regulasi hukum, Hubungan, Lingkungan, Mata pelajaran kompetensi khusus Правовое регулирование статуса субъектов особой компетенции в отношении государственного управления в сфере интеллектуальной собственности в УкраинеАннотация Рассмотрены актуальные вопросы административно-правового статуса субъектов особой компетенции применительно к государственному управлению в сфере интеллектуальной собственности. Основное содержание. Определен круг указанных субъектов в системе субъектов государственного управления. Выявлена роль субъектов специальной компетенции в выполнении задач государственного управления в сфере интеллектуальной собственности. Представлена классификация предметов особой компетенции государственного управления в этой области. Анализируются особенности административно-правового статуса каждой группы субъектов особой компетенции применительно к государственному управлению в сфере интеллектуальной собственности. Охарактеризована специфика влияния этих субъектов на правоотношения, возникающие в сфере интеллектуальной собственности. Материалы и методы исследования на основе анализа документальных источников. в основе лежит диалектический метод познания фактов социальной действительности, на котором в значительной степени базируются формально-правовой и сравнительно-правовой подходы. Сделаны выводы о месте субъектов особой компетенции по отношению к государственному управлению в сфере интеллектуальной собственности среди других субъектов. Сформулированы предложения о необходимости совершенствования действующего украинского законодательства в области интеллектуальной собственности.Ключевые слова: Государственное управление, Интеллектуальная собственность, Правовое регулирование, Отношения, Сфера, Субъекты особой компетенции.

scholarly journals THE PLACE OF ADMINISTRATIVE LAW STANDARDS IN THE LEGAL SYSTEM PRINCIPLES OF INTERACTION OF JUDICIAL EXPERT INSTITUTIONS WITH LAW ENFORCEMENT AUTHORITIES

2020 ◽  
pp. 258-264
Author(s):  
А. О. Полянський
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Administrative Law ◽  
Legal Basis ◽  
Law Enforcement Agencies ◽  
Legal Principles ◽  
Forensic Institutions ◽  
The Impact

The relevance of the article is that the effectiveness and efficiency of interaction between forensic agencies and law enforcement agencies depends on many factors, one of which is a properly "constructed" system of legal acts. At the same time, the special nature of the interaction of these entities, the attraction of its content to the administrative and legal sphere, as well as the specifics of forensic institutions and law enforcement agencies in general necessitates a detailed review of legal principles in this area and determining the place of administrative and legal regulation. The purpose of the article is to establish a system of legal bases for the interaction of forensic institutions with law enforcement agencies, as well as to determine the place of administrative and legal regulation among them. It is established that the legal basis of interaction of forensic institutions with law enforcement agencies is a system of regulations and their provisions governing the legal status of forensic institutions and law enforcement agencies, as well as the content and procedure of interaction of these entities. It is proved that administrative-legal regulation is a type of branch of the general-legal category of legal regulation, which occurs with the help of administrative law and determines the impact of law on public relations of a special nature arising from the activities of public administration. That is, we are talking about the relationship of power and management influence that prevails in the work of public authorities, local governments and so on. This is a purposeful, comprehensive, streamlining impact of law on public relations in the sphere of government, which occurs through the rules of administrative law, which are part of the system of legal principles outlined above. It is emphasized that the legal basis for the interaction of forensic institutions and law enforcement agencies have an administrative and legal basis, which is expressed in a large number of rules of administrative law, enshrined in regulations of various legal force. This situation is due to the fact that the norms of this branch of law determine: the administrative and legal status of forensic institutions and law enforcement agencies; functions, powers and tasks assigned to law enforcement agencies and forensic institutions; mechanisms of interaction of forensic institutions and law enforcement agencies in performing their functions defined by law; organizational and practical goals of this interaction; etc.

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