scholarly journals To the issue of identifying some objects of operational protection by criminal police units of the National Police of Ukraine

2021 ◽  
Vol 39 (68) ◽  
pp. 696-707
Author(s):  
Chyzh Sergii Anatoliyovich ◽  
Shahova Kateryna Volodymyrivna ◽  
Dereviahin Oleksii Oleksandrovich ◽  
Dal Adam Lavrentiiovych ◽  
Saltovets Sergii Anatoliyovich
Keyword(s):  
Machine Building ◽  
Machinery Construction ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
Logical Method ◽  
The Subject ◽  
High Standards ◽  
National Police ◽  
Operational Service ◽  
Machine Building Complex

The subject of the investigation are the operational maintenance objects of the machine-building complex and the recreational-tourism sphere by criminal police divisions. The research methodology includes the following methods: general and special legal: monographic method, method of analysis and synthesis, comparative legal method, classification method, statistical method, abstract-logical method. Scientific approaches to operating service definition are considered. An analysis of the machinery construction complex and the tourist and recreational field was carried out to achieve high standards of its operational service. As a practical dignified facility of the machinery construction complex and the tourist and recreational sphere were ordered in appropriate groups to identify those in need of operational maintenance. It is concluded that the regulations of the Ministry of the Interior and the National Police of Ukraine do not contain provisions that clearly define the content of the institution of operational services and its place in the system of operational and investigative units to combat crime.

About the Classification of Housing Legal Relationship to Regulatory and Protective

2021 ◽  
pp. 39-45
Author(s):  
A.V. Mil’kov ◽  
◽  
S. I. Mukhametova ◽  
Keyword(s):  
Research Methods ◽  
The Past ◽  
Legal Relationship ◽  
Legal Nature ◽  
Analysis And Synthesis ◽  
Logical Method ◽  
The Subject ◽  
Goals And Objectives ◽  
Detailed Presentation

Statement of the problem. The question of the classification of housing legal relations into regulatory and protective ones is not debatable. But not because there is a consensus on this issue in the doctrine, but because until now it has not become the subject of special research. In some works, one can find a brief mention of the division of housing legal relations into regulatory and protective, but it is difficult to find a detailed presentation of the author’s position on this issue. Against the background of the active development of the classification of civil legal relations into regulatory and protective inattention to this issue in the science of housing law looks like a serious omission over the past decades. Goals and objectives of the study. The article discusses the main provisions justifying the classification under consideration, examines the attitude towards it in the literature of a housing legal nature. Research methods: the article uses a logical method, and above all such techniques as analysis and synthesis, functional and comparative legal methods. Results, brief conclusions: ignoring the classification in question leads to contradictions in the doctrine of housing legal relations, to the ingraining of unreliable ideas about the ratio of the categories included in this doctrine. It seems important to carry out further research of housing legal relations on the basis of a consistent classification of housing legal relations into regulatory housing legal relations and protective housing legal relations.

Features of Financial and Legal Incentives of Investment Activities in the Regions

2018 ◽  
Vol 9 (1) ◽  
pp. 210
Author(s):  
Nikita K. POPADYUK ◽  
Olga V. PANINA ◽  
Sergey G. EREMIN ◽  
Andrey I. GALKIN ◽  
Alexander A. SAVELYEV
Keyword(s):  
Financial Incentives ◽  
Russian Regions ◽  
Investment Activity ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Analysis And Synthesis ◽  
Logical Method ◽  
General Scientific ◽  
The Subject ◽  
Definition Of

Research of features of financial and legal incentives of investment activities in the regions. Methodological basis of the study raised issues were the following: general scientific methods of cognition generalization, analogy, analysis and synthesis, elaboration, comparison, logical method, etc. Conducted interdisciplinary analysis of literature and sources on stimulating investment activities, with particular emphasis given to the Institute financial and legal incentives. Formed the author's definition of the term ʼfinancial and legal stimulus of investment activity of regionsʼ. Studied types of financial and legal incentives of investment activities of the regions. Analyzed regional legislation and judicial practice on the subject of study places financial incentives in the legal field of regional legislation. Identified conflicts in the system of financial and legal incentives of investment activities of the regions. A proposal to optimize the preliminary control of the Prosecutor's offices of the legality of the investment legislation, in particular, the structure of which has different financial and legal incentives of investment activities in Russian regions.

scholarly journals Tasks and powers of the National police of Ukraine in ensuring information security of the state

2021 ◽  
Vol 10 (37) ◽  
pp. 86-92
Author(s):  
Vitalii Makarchuk
Keyword(s):  
Information Security ◽  
Cyber Security ◽  
The State ◽  
Legal Method ◽  
Modeling And Forecasting ◽  
The Subject ◽  
Definition Of ◽  
Definition Of Information ◽  
National Police

The purpose of the article is to examine the role of the National Police of Ukraine in ensuring the information security of Ukraine. The subject of the study: The subject of the study is the competence of the National Police of Ukraine in ensuring the information security of Ukraine. Methodology: Dialectical method, epistemological method, analytical method, formal and legal method, normative and dogmatic method, the methods of legal modeling and forecasting were used in the research. The results of the study: The definition of “information security” and “cyber security” is provided. The main factors that negatively affect the information space in Ukraine, as well as current threats to Ukraine’s national security in the information sphere are identified. Practical implications: It is established that the number of crimes in the information sphere is growing every year. In this regard, the task of the National Police is to combat crimes and other offenses in this area, as well as to protect relevant rights and freedoms of citizens, society and the State. Value/originality: The tasks and powers in the area of information security protection of the National Police in general and the Department of Cyber Security, in particular, are defined.

scholarly journals METHODS OF FINANCIAL CONTROL OF THE STATE FINANCIAL INSPECTION OF UKRAINE

2019 ◽  
Vol 5 (1) ◽  
pp. 245
Author(s):  
Anatolii Shulha ◽  
Iryna Zharovska
Keyword(s):  
Public Procurement ◽  
The State ◽  
Financial Control ◽  
Control Methods ◽  
Scientific Methods ◽  
Legal Method ◽  
Optimal Functioning ◽  
Analysis And Synthesis ◽  
The Subject

The aim of the article is to determine the methods of financial control of the State Financial Inspection of Ukraine. The subject of the study is the methods of financial control of the State Financial Inspection of Ukraine. Methodology. The study is based on the use of general scientific and special-scientific methods and techniques of scientific knowledge. The logic-semantic method was used to determine the content of the notions of “method”, “form”, and “concept”. The comparative legal method enabled to compare doctrinal approaches to this issue. The normative-dogmatic method enabled to interpret the content of legal regulations of the domestic legislation on the issue of determination of financial control methods of the State Financial Inspection of Ukraine. The systemstructural method enabled to analyse the most common methods of financial control. Methods of analysis and synthesis helped study certain methods of financial control to formulate further conclusions regarding the most optimal functioning of the State Financial Inspection of Ukraine. Practical implications. The determination of the methods of financial control of the State Financial Inspection of Ukraine enabled to make recommendations for improving the procedure of financial control of the State Financial Inspection of Ukraine, as well as identify problematic issues that require further consideration and research. Relevance/originality. The methods of financial control are defined and classified. The absence of a check without linkage to the subject (public procurements) among the forms of control of the SFI of Ukraine is revealed so that independent coexistence of such a form of control as “public procurement check,” which methods are documentary and/or factual examination, can be asserted.

scholarly journals Interim measures in the system of guaranteeing the right to a fair trial

2021 ◽  
Vol 66 ◽  
pp. 251-256
Author(s):  
V.V. Zaborovsky ◽  
V.V. Manzyuk ◽  
A.V. Stoika
Keyword(s):  
Legal Regulation ◽  
Fair Trial ◽  
Access To Justice ◽  
Court Decisions ◽  
Security Measures ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
Logical Method ◽  
Precautionary Measures ◽  
The Right

This research is devoted to the disclosure of the institution of precautionary measures, namely - securing the claim, which is one of the procedural mechanisms for ensuring access to justice. Because it is the possibility of execution of the final court decision that will ensure a fair trial for each participant in the process. To ensure the reliability and completeness of the results obtained by the authors in this study used a set of general and special methods that are characteristic primarily of legal science. The integrated use of such methods ensured the achievement of the purpose and objectives of the study, as well as the persuasiveness of the conclusions. In particular, the dialectical method was used to study the legal nature and significance of the institution of precautionary measures in civil and commercial proceedings. Methods of analysis and synthesis were used in the formulation of basic concepts, such as «precautionary measures», «securing the claim» and so on. The historical and legal method allowed us to focus on the process of legal regulation and legislative consolidation of the institution of security measures. The formal-logical method was used in the analysis of the norms of the current legislation and theoretical developments concerning, in particular, the essence of procedural tools of accessibility or restriction of access to justice. The empirical basis of the study was the materials of domestic judicial practice. Based on the study, the authors conclude that securing the claim as a procedural phenomenon cannot remain unchanged, it acquires new features over time, loses archaic elements, but still does not lose, but rather, on the contrary, increases its importance in modern civil process. Now securing the claim is an integral part of the institution of security measures (along with the provision of evidence), which corresponds to the protected function. Thus, the actual enforcement of court decisions is largely intended to guarantee the institution of securing the claim as one of the types of precautionary measures. Participants in civil proceedings apply to this institution in order to guarantee the execution of future court decisions and prevent them from causing significant harm.

scholarly journals ОСОБЛИВОСТІ УПРАВЛІННЯ ГАЛУЗЯМИ І ПІДПРИЄМСТВАМИ АПК

2021 ◽  
pp. 99-106
Author(s):  
Азіз Агасалімович Мустафаєв
Keyword(s):  
Practical Significance ◽  
Industrial Complex ◽  
Industrial Management ◽  
Methods Development ◽  
Analysis And Synthesis ◽  
Logical Method ◽  
Practical Development ◽  
Functional Features ◽  
The Subject ◽  
Characteristic Features

Formulation of the problem. This article discusses the features of management of industries, enterprises and activities in the agro-industrial complex. The problem under study occupies a key position in the field of periodic improvement of agribusiness management. The purpose of the study is to identify and take into account the features of various factors in the management of the agro-industrial complex: natural and climatic, economic, industrial, biological and other. The subject of the study is a more detailed study of management in the agro-industrial complex, the disclosure of essential phenomena and functional features in the practical management. Research methods. Various methods are used: introduction of new methods; development of new models that take into account the aggregate features of the agro-industrial complex; scientific abstractions; analysis and synthesis; historical and logical method; system approach; observational approach. The hypothesis of the study is various recommendations on taking into account and using industry-specific features of the agro-industrial complex. Presentation of the main material. The main focus of the study is on the peculiarities of agro-industrial management. It is determined that the management mechanisms of the agro-industrial complex should take into account the characteristic features and functional properties of its industries and enterprises. The originality and practical significance of the study consists in the development of a single concept that will take into account industry and other specifics in the practical development of the agro-industrial complex. Conclusions and prospects for further research consist of a qualitative transformation of the management activities of the agro-industrial complex in the future.

scholarly journals Award policy: types of awards for the municipal authorities

2020 ◽  
Vol 4 (2) ◽  
pp. 85-98
Author(s):  
Ekaterina S. Shugrina
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Policy Types ◽  
Municipal Level

The subject of the research is the establishment and application of official awards at the municipal level of government, including award legislation and the practice of its application. The purpose of the article is to confirm or disprove the hypothesis of an existence of an award policy and system of awards for the municipal level of government in Russia. The methodological basis of the research is the general scientific dialectical method of cognition (such as methods of analysis and synthesis, abstraction and concretization, induction, deduction and analogy), as well as the method of monitoring of legal acts, historical and legal method, system analysis. The main results of the research. A comprehensive analysis of existing regulations and description the general contours of the award policy for the municipal level of government were made. The following classification of awards applicable to municipal authorities can be distinguished. By type of award: honorary titles, medals, distinctions and incentives, as well as grants and prizes. Depending on the subject that establishes the award: state, municipal or public awards; moreover, you should distinguish between awards established by a public legal entity (award of the Russian Federation, of the constituent entity of the Russian Federation, a municipality) or a separate public authority. Depending on the subject receiving the award (the awarding subject): awards that are established both for the municipality as a whole, and for individual officials or other employees of local self-government bodies; a separate category consists of awards provided for the territorial bodies or their representatives. Currently, there is no single document outlining the system of awards of the Russian Federation. Conclusions. Monitoring of normative legal acts of local self-government bodies has shown that it is quite rare to find documents that regulate the award policy of a municipality. There is practically no award policy for local government bodies or their officials, as well as awards for contributions to the development of local self-government.

Comparative analysis of property rights of convicts serving their sentence in correctional and educational colonies

2019 ◽  
pp. 157-164
Author(s):  
Алексей Сергеевич Морозов ◽  
Дмитрий Вадимович Хильман
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Alcoholic Beverages ◽  
The Real ◽  
Main Research ◽  
Legal Norms ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
The Subject ◽  
The Law

Предметом исследования являются правовые нормы уголовно-исполнительного законодательства, регулирующие вещные права лиц, отбывающих уголовные наказания в виде лишения свободы. Целью исследования является установление тождества и различия в правовом регулировании вещных прав осужденных, отбывающих наказание в исправительных учреждениях и воспитательных колониях. Основными методами исследования являются анализ и синтез, а также сравнительно-правовой метод. В результате исследования установлено, что, несмотря на общий правовой статус осужденных, отбывающих наказание в виде лишения свободы, правовое регулирование одних и тех же вещных прав в различных ведомственных актах существенно различается, что влечет множество пробелов в праве и правовых коллизий. К числу основных выводов по результатам исследования можно отнести то, что в воспитательных колониях разрешен оборот боеприпасов, летательных средств, зажигалок, алкогольной продукции (за исключением алкогольных напитков) и некоторые другие. Результаты исследования могут быть реализованы в правоприменительной практике сотрудников, исполняющих уголовные наказания в виде лишения свободы, а также в процессе профессиональной подготовки сотрудников уголовно-исполнительной системы. The subject of the research is the legal norms of the criminal Executive legislation regulating the real rights of persons serving criminal sentences in the form of imprisonment. The aim of the study is to establish the identity and differences in the legal regulation of the real rights of convicts serving sentences in correctional colonies and educational colonies. The main research methods are analysis and synthesis, as well as comparative legal method. The study found that despite the General legal status of convicts serving a sentence of imprisonment, the legal regulation of the same real rights in different departmental acts differs significantly, which entails many gaps in the law and legal conflicts. The main conclusions of the study include the fact that in the educational colonies allowed the circulation of ammunition, aircraft, lighters, alcoholic beverages (except alcoholic beverages) and some others. The results of the study can be implemented in the law enforcement practice of employees executing criminal penalties in the form of imprisonment, as well as in the process of training of employees of the penitentiary system.

Overcoming the identity of claims when re-applying to the court in civil cases

2021 ◽  
pp. 137-137
Author(s):  
Anna V. Goncharova
Keyword(s):  
Scientific Knowledge ◽  
Legal Basis ◽  
Legal Certainty ◽  
Close Attention ◽  
Actual Problem ◽  
Scientific Methods ◽  
Scientific Analysis ◽  
Analysis And Synthesis ◽  
Logical Method ◽  
The Subject

The work is devoted to the actual problem of repeated consideration by courts of general jurisdiction of similar disputes contrary to the principles of procedural economy and legal certainty. The main scientific methods are used: the dialectical-materialistic method of scientific knowledge, the formal-logical method, the method of analysis and synthesis. We subject the elements of the claim to scientific analysis as a means of its individualization. We examines in detail the views of scientists on the subject of the claim, the actual and legal basis of the claim, the parties and the content of the claim as objects of individualization of claims when establishing their identity. Close attention is paid to the use of alternative grounds of claim in disputes arising from ongoing legal relations. We study the ways of artificially changing the new claim in order to overcome the validity of the court decision made on the original claim. We formulate a proposal for a temporary restriction on the filing of new claims in disputes characterized by continuing legal relations, and also justifies the expediency of introducing the concept of “actual identity” of claims into scientific circulation. In conclusion, we mark the dishonest methods of overcoming of identity claims, among which manipulation of the legitimation of the parties to the dispute, interpretation existed at the time of consideration of the initial claim of the circumstances of the case as a new cause of action, the formal change of the plaintiff.

scholarly journals Model of operational search prediction of intentional homicide by criminal police

2021 ◽  
Vol 10 (40) ◽  
pp. 37-44
Author(s):  
Yevhen Khyzhniak ◽  
Andrii Khankevych ◽  
Ihor Nazarenko ◽  
Oleh Pleskach ◽  
Oleksandr Tretiak
Keyword(s):  
Scientific Knowledge ◽  
International Experience ◽  
Modeling Method ◽  
Search Model ◽  
Research Results ◽  
Methodological Basis ◽  
Legal Method ◽  
Methods And Techniques ◽  
The Subject ◽  
National Police

The purpose of the article is to determine the model of operational search prediction of intentional homicide by criminal police of Ukraine. Subject of research: The subject of research is a model of operational search prediction of intentional homicides by criminal police of Ukraine. Methodology: The methodological basis for the article is general and special methods and techniques of scientific knowledge, in particular: normative and dogmatic method, epistemological method, monographic method, comparative and legal method, modeling method, method of grouping, logical and legal method, method of generalization. Research results: The characteristic of the method of prediction and its use by the bodies of criminal police is given. Practical consequences: The features of the process of construction of operational search model of a situation are considered. International experience of regulating the issue under consideration is studied. Value / originality: Based on the examination of international experience, it is proposed to apply appropriate measures to combat intentional homicide in the activities of the National Police of Ukraine.

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