scholarly journals Foreign experience in professional development of private detectives

2020 ◽  
Vol 38 (Especial II) ◽  
pp. 536-548
Author(s):  
Stanislav Denysiuk ◽  
Ivan Motyl ◽  
Inna Vartyletska ◽  
Nataliia Symonenko ◽  
Volodymyr Korotaiev
Keyword(s):  
Professional Development ◽  
Comparative Method ◽  
International Experience ◽  
Scientific Methods ◽  
Legal Method ◽  
Wide Range ◽  
Private Detective ◽  
Special Scientific ◽  
Historical Comparative ◽  
Modern Services

The objective of the article is to analyze international experience in the professional development of private detectives, in order to implement some positive aspects in Ukrainian law. The methodological basis of the research was articulated in a set of general and special scientific methods of scientific knowledge, a saber: historical comparative method and legal method, dialectic, induction method, comparative and legal method, formal and legal method. Based on the analysis of international experience, the education problems of private detectives, as well as those that recycling and advanced training features, whose study is necessary for the full development of the institution of the activity of private detectives in Ukraine, reveals the revelation of modern services for the training of private detectives in Ukraine. In the conclusions, the authors pay special attention to specialists in the activity of private detectives in several countries, where private detectives have a wide range of opportunities and their activity is actually compared to the activity of law enforcement. Finally, the requirements are proposed for candidates for the position of private detective, as well as for the program of their training.

scholarly journals Constitutionalization of legal policy in modern Russia

2018 ◽  
Vol 2 (4) ◽  
pp. 25-29
Author(s):  
D. Avdeev
Keyword(s):  
Comparative Method ◽  
Strategic Development ◽  
Legal Policy ◽  
Scientific Methods ◽  
Road Map ◽  
Legal Method ◽  
Scope Of Application ◽  
General Scientific ◽  
State And Local ◽  
Constitutional System

The subject. The paper is devoted to the constitutional basis of modern legal policy.The purpose of the paper is to confirm or disprove the hypothesis that constitutional concept of legal policy is necessary basis of reform of legal relations between constituent entities in federative state.The methodology of the study includes general scientific methods (analysis, synthesis, comparative method, description) as well as particular academic methods (formal-legal method, interpretation of legal acts).The main results, scope of application. The emergence and further development of a legal policy based on constitutional provisions and norms continues to impact significantly on the organization of state and local authorities. Democracy, federalism, republicanism and legalism are the four components that can form the basis for the development of the doctrinal conception of legal policy aimed to the strategic development of these constitutional axiomatic postulates. In Russia there is no clearly defined "road map", which is based on the strategic planning of the constitutional system. The Constitution of the Russian Federation contains enough inaccuracies of both legal and technical and substantive nature.Conclusions. It is necessary to develop a concept of legal policy. Such concept is necessary basis of reform of legal relations between constituent entities in federative state.

Constitutional and Legal Institute of the Ombudsman and Specialized Ombudsman for Migration in Foreign Countries: Formation and Development

2021 ◽  
pp. 54-61
Author(s):  
S. G. Trifonov ◽  
◽  
K. V. Trifonova
Keyword(s):  
Public Relations ◽  
Migrant Workers ◽  
Legal Rights ◽  
Scientific Methods ◽  
Legal Method ◽  
Special Scientific ◽  
Scientific Principles ◽  
Logical Method ◽  
General Scientific ◽  
Rights And Interests

Currently, the Ombudsman is a traditional component of democratic legal systems. The creation of such a body, as noted in the Council of Europe Resolution «On the role of commissioners/ombudsmen in the protection of citizens’ rights», which would try to ensure justice, respect for the foundations of the rule of law and at the same time be able to establish a dialogue with citizens, is necessary in many States. The purpose and objectives of this article are to consider the issues of the emergence and development of the constitutional-legal institution as an Ombudsman in General, and the evolution of this institution, in which there were various models and types of ombudsmen. It is also necessary to describe the existing models of the Ombudsman applied in different States. The article examines the functional specialization of ombudsmen, which occurs through the introduction of ombudsmen in certain areas of public relations or to protect the rights and interests of the most legally vulnerable categories and groups of the population, and specifically the emergence of the institution of migration ombudsmen. The methodology of the article is based on a set of philosophical and worldview, General scientific principles and approaches and special scientific methods of cognition of constitutional and legal phenomena. When writing, a number of General scientific and special scientific methods were used, including: system and structural-functional methods, sociological method, formal-logical method, comparative-legal method. As a result of the research, we can conclude that the essential characteristics of the Ombudsman institution have changed from the institution of supervision of the administration and the court to the most important human rights mechanism that it represents at the present stage. Within the framework of the functioning of the institution of the Ombudsman, different models have been identified in different States and specialized ombudsmen have appeared, including those dealing with the protection of the legal rights and interests of migrant workers.

scholarly journals The Civil Law Principle of Cooperation in the Continental Law Doctrine: Extension Beyond Contractual Legal Relations

2021 ◽  
pp. 346-371
Author(s):  
A. A. Fedoseev ◽  
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Timely Manner ◽  
Scientific Methods ◽  
Property Relations ◽  
Contractual Obligation ◽  
Legal Method ◽  
Special Scientific ◽  
General Scientific ◽  
Contractual Relations

Introduction: the article analyzes the possibility of the civil law principle of cooperation being implemented in various types of relations under civil law. Traditionally, the cooperation principle is considered in both Russian and foreign literature as the principle of fulfillment of a contractual obligation or as a group of additional obligations imposed on the parties to the contract and arising from the good faith principle. A more detailed consideration of the idea if cooperation allows us to draw a conclusion about the feasibility of this principle in other types of relations under civil law. Purpose: to justify the possibility of the cooperation principle being implemented in civil law relations other than contractual relations, namely in property legal relations, pre-contractual legal relations, and obligations from causing harm (protective legal relations). Methods: general scientific dialectical method; special scientific methods such as the method of comparative law, the technical method, the legal-dogmatic method, the historical-legal method. Results: analysis of legal regulation of such relative legal relations as contractual, pre-contractual, and protective, as well as property legal relations as a form of absolute legal relations, has shown that the cooperation principle is successfully implemented in these types of legal relations. Therefore, it is possible to consider this principle to pertain to the branch of civil law as a whole. Conclusions: the cooperation principle performs two functions: first, based on this principle, it is possible to achieve the purpose of civil law relations in a more effective way; second, this principle serves as a mechanism to overcome unforeseen circumstances that prevent the purpose of legal relations from being achieved. These functions are carried out in all the types of legal relations considered: in contractual relations – when there arise obstacles to the performance of a contract not specified in the contractual provisions; in pre-contractual relations – when there arise obstacles to achieving the purpose of negotiations (i.e. conclusion of a civil law contract); in protective relations – when there is a risk of an increase in harm or a risk of inability to fully reimburse damage in a timely manner; in property relations – when there occurs an accidental loss of a thing by the rightsholder.

scholarly journals Psychological Rehabilitation During a Coronavirus pandemic. Legal Aspects

2021 ◽  
Vol 64 (3) ◽  
pp. 238-241
Author(s):  
Olena O. Terzi ◽  
Igor Z. Gladchuk ◽  
Igor V. Shpak
Keyword(s):  
Medical Training ◽  
Legal Regulation ◽  
Legal Aspects ◽  
International Standards ◽  
Scientific Methods ◽  
Legal Method ◽  
Special Scientific ◽  
General Scientific ◽  
Psychological Assistance ◽  
Practical Recommendations

Aim: To analyse the legal regulation of the provision of psychological assistance during the coronavirus pandemic. materials and methods: The research methods were chosen with the aim of the study in mind. In order to establish objectivity and validity of scientific provisions, conclusions, during the research, a set of general scientific and special scientific methods was used, in particular such as: (1) the formal legal method was used to analyse the legal and ethical foundations for providing psychological assistance during the coronavirus pandemic; (2) using the comparative legal method, the approaches of national legislation and international standards to the provision of psychological assistance during the COVID-19 pandemic were clarified; (3) the forecasting and modeling method was used to develop practical recommendations regarding the importance of analyzing the legal regulation of the provision of psychological assistance during the coronavirus pandemic and others in the future; (4) the method of systems analysis made it possible to study the legal regulation of the provision of psychological assistance during the coronavirus pandemic; (5) the historical and legal method made it possible to identify the features of the evolution of legal regulation of the provision of psychological assistance during pandemics. Conclusions: The COVID-19 pandemic has exacerbated existing health deficiencies, including a shortage of psychologists. States should initiate medical training programs, including for psychologists and psychotherapists. It should be noted that psychological assistance during a coronavirus pandemic should be based on the following principles: accessibility; continuity; focus; interdisciplinary; educational nature of interventions.

scholarly journals Constitutional legal support of the unity, stability and coherence of Russian legal system

2018 ◽  
Vol 2 (3) ◽  
pp. 29-42
Author(s):  
S. Ivanov
Keyword(s):  
Legal System ◽  
Comparative Method ◽  
Scientific Methods ◽  
Legal Method ◽  
Scope Of Application ◽  
General Scientific ◽  
The Subject ◽  
Constitutional System ◽  
Legal Mechanism ◽  
Stability And Consistency

The subject. The paper is devoted to the issues of the system of constitutional legal guarantees of unity, stability and consistency of the Russian legal system, the problems of their effective implementation.The purpose of the paper is to reveal the actual problems of constitutional legal support of the unity, stability and coherence of the Russian legal system.The methodology of the study includes general scientific methods (analysis, synthesis, comparative method, description) as well as particular academic methods (formal-legal method, interpretation of legal acts).Results, scope of application. It is revealed that the constitutional legal support of unity, stability and consistency of the Russian legal system occurs by means of action of two types of special constitutional legal guarantees: conflict and competence ones. A number of problems of effective support of the unity, stability and consistency of the domestic legal system are identified. The problems include gaps and other defects of constitutional regulation, the lack of a legal mechanism to ensure the supremacy of the foundations of the constitutional system and others.Conclusions. There is a number of amendments to the existing constitutional legislation proposed to solve the identified problems.

scholarly journals Property turnover digitalisation: Interdisciplinary problems of post-classical jurisprudence

2021 ◽  
Vol 118 ◽  
pp. 04001
Author(s):  
Liudmila Yurievna Vasilevskaya ◽  
Vladimir Sergeyevich Belykh ◽  
Tatiana Klavdievna Primak ◽  
Ekaterina Borisovna Poduzova ◽  
Philipp Artemievich Tasalov
Keyword(s):  
Civil Rights ◽  
Interdisciplinary Research ◽  
Legal Regulation ◽  
Two Dimensions ◽  
Digital Environment ◽  
Scientific Methods ◽  
Research And Practice ◽  
Legal Method ◽  
Wide Range ◽  
Interdisciplinary Problems

The purpose of the research is to consider the key interdisciplinary research and practice problems of the property turnover digitalisation and propose ways to solve them. Elements, phenomena and processes of the digital environment first appeared in the countries of the Anglo-Saxon legal family. By determining the constitutive features of them, the authors turned to classical domestic and foreign legal statutory concepts and policy management. The research was carried out by the comparative-legal method and modelling method. The identification of interdisciplinary research and practice problems as well as methods for solving them was based on the methods for ascent from the abstract to the concrete, induction and deduction. As a result of the implementation of the research objectives through the general scientific and private scientific methods described above, the authors identified the constitutive features of the key elements of property turnover in the digital environment, such as digital currency, smart contract, electronic trading. Identified were both doctrinal and practical problems associated with the essence and features of those elements, as well as the legal regulation of the associated relations. Those elements are considered in two dimensions, in the information system and legal field. In addition, significant gaps in the regulatory framework of the associated relations were identified; the impossibility of applying the classical regime of objects of civil rights and the rules of documentary circulation to digital objects and processes was substantiated. The novelty of the work consists in proposing ways to solve interdisciplinary theoretical and practical problems of the property turnover digitalisation, which are important for a wide range of academic researchers and practitioners in the legal field.

scholarly journals THE LEGAL PROBLEMS OF INFORMATION EXCHANGE IN SYSTEM OF TAX AUTHORITIES

2018 ◽  
Vol 1 (4) ◽  
pp. 46-55
Author(s):  
Kirill Maslov
Keyword(s):  
Information Exchange ◽  
Comparative Method ◽  
Remote Access ◽  
Tax Administration ◽  
Scientific Methods ◽  
Legal Method ◽  
Information Interaction ◽  
Effective Exchange ◽  
General Scientific ◽  
The Subject

The subject. The article is devoted to legal issues in the regulation of relations on information exchange between departments of the Federal Tax Service of Russia and their officials.The purpose of the article is to determine the legal basis, allowing the effective exchange of tax information between tax authorities.The methodology of the study includes general scientific methods (analysis, synthesis, comparative method, description) as well as particular academic methods (interpretation of legal acts, formal-legal method).Results, scope. Information interaction of bodies of tax administration along with General principles of information exchange, shall further be based on the principle of maximum accessibility to bodies of tax administration existing tax information. Information must be transmitted by officials of these bodies to each other by applying the maximum number of forms of interaction. It is not only the planned transfer of certain data, but prompt replies to queries; unification of formats of information used (in the future, if technically possible, a unified information system to allow remote access to every employee of all departments); support workers one bodies the activities of other specialists; coordination of control activities; joint seminars (conferences).Conclusions. A security feature of the standards for the exchange of information in the system of tax administration, will be fully realized only when along with an indication of the type of information to be found who, in what organ and in what order must pass, and what will be the liability for violation of the rules.

scholarly journals Features of disciplinary liability of police officers

2021 ◽  
Vol 10 (41) ◽  
pp. 114-120
Author(s):  
Lidija Kalenichenko ◽  
Dmytro Slynko ◽  
Andrii Sobakar ◽  
Valentyna Goncharuk
Keyword(s):  
Public Service ◽  
Police Officers ◽  
Scientific Methods ◽  
The Public ◽  
Legal Method ◽  
Special Scientific ◽  
Logical Method ◽  
Definition Of ◽  
National Police ◽  
Logical Semantic

The objective of this article is to formulate the definition of the notion of disciplinary responsibility of police officers, to highlight and study the features of this legal phenomenon in the legal system of individual European states. The research was carried out on a complex of general and special scientific methods. In particular, was used the hermeneutic, the logical method of convergence from simple to complex, the logical-semantic, the logical-legal, the comparative-legal method. The author of this article has studied the features of the disciplinary responsibility of police officers. The author focuses on the fact that the disciplinary responsibility of police officers has a number of features: 1) police officers are subjects of special disciplinary responsibility; 2) the content of a disciplinary offense (misconduct) of a police officer is broader than that of persons who are not in the public service; 3) the number of disciplinary sanctions applied to police officers is wider than for employees who are not in the public service; 4) the procedure for bringing to disciplinary responsibility of police officers of Ukraine is specific; 5) employees of the National Police of Ukraine are brought to disciplinary responsibility in case of committing any offense (criminal, administrative, civil).

ECtHR Practice of Resolving Disputes on Royalty Taxation for the Use of Copyright Objects

2019 ◽  
Vol 10 (7) ◽  
pp. 2113
Author(s):  
Daria SUKHANOVA ◽  
Siuzanna TSURKANU ◽  
Ruslan ENNAN ◽  
Olha BALATSKA ◽  
Lesia STRELBITSKA
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Scientific Methods ◽  
Legal Method ◽  
European Court ◽  
State Tax ◽  
Special Scientific ◽  
European Standards ◽  
Settlement Of Disputes ◽  
The Relationship

The European Court of Human Rights is increasingly focusing on the compatibility of tax law and intellectual property law with European standards of human rights and fundamental freedoms in the relationship between tax authorities and taxpayers. To increase the efficiency of the work of the bodies of the State Tax Service of Ukraine, as well as the judicial authorities of Ukraine and to ensure an adequate level of protection of the rights and interests of individuals and legal entities, it is important to analyze the ECtHR's practice of resolving royalties for the use of copyright objects. The research methodology consists of general theoretical and special scientific methods, namely: dialectical, historical, systemic, modeling and abstraction, induction, deduction, analysis, synthesis, comparative-legal method, and theoretical modeling. The study analyzes the ECtHR's practice of the settlement of disputes on royalty taxation for the use of copyright objects, clarifies the grounds and key positions of the European Court of Human Rights for resolving disputes related to royalty taxation, and reveals the value of the case-law of the European Court of Human Rights in the development of the tax system of Ukraine.  

scholarly journals LEGAL REGULATION FOR THE RESTRICTION ON PROPERTY RIGHTS TO WORKS IN UKRAINE

2019 ◽  
pp. 5-8
Author(s):  
Yu. Akulov
Keyword(s):  
Property Rights ◽  
Legal Regulation ◽  
Property Law ◽  
Intellectual Activity ◽  
Scientific Methods ◽  
Legal Method ◽  
Special Scientific ◽  
European Regulatory ◽  
General Scientific ◽  
Artistic Works

The article analyses specific issues on the legal regulation in the sphere of restriction on the author's property rights to literary and artistic works in Ukraine through European and international prism. The author examines the legislation of Ukraine, international and European regulatory sources for the purpose of regulating directly the cases of lawful free use of literary and artistic works of the author and the restriction on his prop- erty rights to literary and artistic works, as a result of his intellectual activity. The purpose of this study is to determine the specifics of legal regulation in the sphere of restriction of property rights to works in Ukraine. The philosophical, general-scientific and special-scientific methods of cognition have been used in the work, including comparative-legal method, struc- tural-functional, deductive, as well as methods of analysis, generalization and analogies. The author has found the basic inaccuracies and gaps in the legal regulation for of the restriction and free use of works as an object of copy- right. The author proves that the Ukrainian legislator did has not harmonized the provisions of the Law of Ukraine "On Copyright and Related Rights" with the provisions of the Civil Code of Ukraine. Thus, the article shows that the use of such concepts as "free use of works", "restriction of property rights", "exceptions and restrictions on property rights", "legitimate use of a work without the consent of the author" are not in line with international practice. The author draws conclusions on the improvement of the legislation to avoid these problems. The implementation of Europe- an practice in the legislation of Ukraine is also highlighted. The results of the study can be used for further research in the field of copyright, including comparative copyright. These proposals may be applied to improve current intellectual property law.

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