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Vol. 19 (58) № 1. 2006
Juridical Sciences

A.N. Anokhin
Peculiarities of the Legal Status of a Subject of Administrative Jurisdiction in Ukraine
The article provides the definition of the concept of the legal status of a subject of administrative jurisdiction, investigates its logical legal structure. Relationship between the structural elements of the status is identified; their systemic-functional interrelation and mutual interdependence are established. Proposals are submitted with regard to improvement of normative regulation of the legal status of subjects of administrative jurisdiction in Ukraine.

L.S. Anokhina
Administrative Jurisdiction: Concept, Substance, Content
The article analyses the category of "jurisdiction", defines the concept of administrative jurisdiction, and determines its substance and content. The author deals with approaches to its understanding in a wider and narrower sense, identifies features characteristic of this kind of legal activity, indicates the boundaries of legal relations limiting administrative jurisdiction.

Т.V. Averianova
Rafail Samuilovich Belkin
The article deals with life and activity of R.S.Belkin, one of the most famous and merited Soviet scholars-criminalists who developed theoretical foundations of criminalistics which enabled this scientific subject to be eventually formed. The author who had known professor Beikin for many years, recollects her first meetings with him, this scholar's personal features, the research school founded by him and the significance of his scientific creative work for the development of criminalistics.

V.A. Bugaiov, A.A. Serova
Peculiarities of Criminal Wrongfulness of Military Crimes
Specific signs of illegality, typical of military crimes that are defined by Part XIX, Special Part of Criminal Code, are analyzed in this article. Two aspects are singled out, i.e. common military illegality, fixed in p.l art. 401 Criminal Code and specific military ille gality for particular types of crimes, related to the violation of military duties, regulated by special acts of military legislation.

V.O. Chernenko
Legal Aspects of Organizing Parliamentary Control over Subjects of Safeguarding the National Security System in the Federal Republic of Germany
The article deals with legal aspects of organization of parliamentary control over subjects of safeguarding the national security system of the Federal Republic of Germany, which is regarded to be the oldest and comprehensive. The author enumerates fundamental legislative acts this system is based on.

L.D. Donskaya
Causal Communication between Actions in the Process of Control and Harm
Legislative and judicial practices are inconsequent in understanding of the causal relationship between the breach of order of control and testing execution and damage. On the one hand, there is a practice to make the Control Person the whole property accountable for the damage. In other cases the responsibility of persons, who execute control and testing is not foreseen. The suggestion of unification the legislation regulations are proved in the article. We should bear in mind that person, who executes control and testing, should be property accountable proportionally to the extent of caused damage.

E.E. Gafarov
Influence of «MIadoturkish» Revolution on Shaping Ch.Chelebiev's Political and Legal Opinions
The article deals with the process of formation of national legal consciousness, autonomy ideas of Ch.Chelebiev, an outstanding leader of Crimean Tartar national movement. Influence of «mladoturkish» revolution on the shaping of his legal psychology and political legal views has been studied.

Ye.V. Gubanova
Peculiarities of Criminological Characteristics of Rapes
The article deals with certain peculiarities of criminological characteristics of rape as a violent crime and as a crime encroaching on sexual freedom and sexual inviolability of the person. Special attention is focused on criminological characteristics of the perpetrator of the crime and victim of the criminal encroachment, with due regard for the new Criminal Code of Ukraine.

O.R. Gulina
Jurisdiction of Committee on Human Rights in the Context of Right to Equality/Nondiscrimination
This clause is devoted to consideration case practice of UN Committee of Human Rights in a context of the right on equality / nondiscrimination. The author considers necessary and sufficient criteria for submission of applications in Committee, and action corrected ratione personae, ratione loci or ratione temporis, that is concerning the person, a place or time. Clause will be interesting to students, lawyers and the broad audience of readers.

V.Ya. Karaban'
In Relation to Application of Constitution of Ukraine at the Decision by the Courts of Civil Cases
The question of the direct action of regulations of the Constitution of Ukraine nowadays, to some extent, still remains unsolved. It connected with including into Constitution some regulations, which don't require concrete definitions and regulations which require concrete definitions. The thesis that public courts, as a rule, can apply only the Constitutional regulations, that don't require concrete definitions, provided that the legislation acts, contradicting the Constitution, the questions of constitutionality of which are within the jurisdiction of the Constitutional Court of Ukraine is proved in the article.

S.G. Kaschenko
Legal Status of Subjects of Federation under the UPR Constitution Drafted by O. Eichelman (1920)
The author deals with an attempt of the administrative territorial reform proposed by Otto Nikolaus Eichelman, an ordinary professor of St.Vladimir University, in the Constitution draft of the new Ukrainian state. It is designated in the article that the author of the draft meant to establish in Ukraine a political federation based on territorial but not ethnic features, to some extent applying the US experience, and at the same time rejecting it to some extent. The author emphasizes that the proposals of the author of the UPR Constitution draft have not lost their significance nowadays.

D.R. Khavadzhi
Conduct of Deportation Based on Social Status in the Territory of the USSR in the 1930s-1940s
The article deals with the issue of forcible resettlement of persons (groups of persons) based on social status on the territory of the USSR in the 1930s-I940s. The author proposes interpretation of the notion "deportation based on social status". On the basis of the materials that have been studied he specifies categories of the so-called "kulaks" as well as analyses documents on the basis of which forcible resettlement of the so-called "kulaks" were conducted in the territory of the Crimean ASSR.

N.N. Kitaiev
Incompetence of Extrasensory Perception Adepts in Criminalistics Such as Bulgarian Clairvoyant Vanga
The article analyses the phenomenon of "clairvoyance and prophesying" and exposes attempts to justify their application in order to put forward criminalistics versions. Judging by examples of investigation of notorious airplane crash in Moscow region and murder of seven people in Krasnoyarsk area exceptional abilities of Bulgarian clairvoyant Vanga were exposed, as attempts to involve her in finding out the true course of events failed.

N.N. Kitaiev
Vladimir Ivanovich Shykanov is 80 Years Old
The basic stages of life and activity of V.I. Shykanov are examined in the article - one of the leading criminal law scientists of Russia. More than 130 scientific publications belong to his pen. In 1999 V.I. Shykanov was honored the rank of «Deserved lawyer of Russian Federation» by the president of Russia.

N.I. Klimenko
Forensic Expertology as a Science and its Problems
The historic way of emergence and development of the theory of forensic expert examination is dealt with. Being a system of knowledge, forensic expert examination, possesses the necessary features inherent in any theory and is characterized by its own specificity. Both the content and structure of the new science of forensic expertology and the definition of its individual notions and elements lack uniformity and precision, which gives rise to certain problems.

V.F. Klimenko
Supervisory Activities of the Prosecution as One of the Functions and Ways of Counteracting Corruption
The article deals with the possibilities of applying supervisory function of the procuracy in order to counteract corruption in Ukraine. The author analyses provisions of «The Law on Corruption Combating», other legislative acts and by-laws the prosecution can be guided by in resolving these issues.

G.K. Lapko
Concept «Abortion» in Legislation and Medical Practice
The legislative notion of abortion and its correlation with medical practice are analyzed in this article. Some discrepancy between the notion of abortion acts of Public Health Ministry (PHM) in the normative of Ukraine and the definition given in article 50 law of Ukraine "Basic legislation of Ukraine on public health protection" have been found; such notion as preliminary artificial labors and foetus-destroying operations haven't been legally fixed yet. There is a suggestion that the normative acts of PHM of Ukraine should be harmonized with the law concerning the notion of "abortion", and that the notions of "preliminary artificial labors" and "foetus-destroying operations" should be legally fixed, as well as criminal responsibility for their illegal performance.

V.V. Lavrov, V.V. Bobkov
To History of Becoming of Higher Legal Education in Crimea (1917-1920)
The given article is devoted to the examination of the formation history of legal education in Crimea by the example of Bosporus University and Sevastopol Legal Institute. The series of historical sources on the history of Crimean Higher School, which were unknown till now were introduced into scientific use by this article.

N.N. Lukasheva
Classification of Requirements to the Workers by the Labor Law of Ukraine
Various kind of terminology is used during formulation of requirements to officials in legislation acts. It makes certain difficulties for using such acts. The thesis about the necessity of using the terms "professional requirements (professional qualities)", which include the level of education, qualification, special training, seniority (experience) of work, other professional and personal qualities is proved in the article. Besides, there are some requirements to the state of health, moral and some other requirements.

V.S. Makarchuk
Issues of Galicia's Autonomy in the First Half of the 20th Century
Analyzing projects and attempts of Galicia's autonomy in the first half of the 20th century the author demonstrates unsoundness of the idea of the country's division into West and East and proposes that the ways towards unification of the population be sought but not its separation. The author communicates the facts that are little known: where the Polish Sejm rejected proposals on Eastern Galicia's autonomy and plans of the USSR to establish autonomy in Western Ukraine to make West recognize pre-war steps aimed to annex these territories.

A.V. Mel'nikov
Landed Legal Relationships in Crimea in the Period of Fascist Occupation
In the article an author analyses introduction by German authorities of the landed law and new agrarian law and order on the territory of Crimea occupied by fascist troops. An author comes to conclusion, that the indicated normatively-legal acts were directed on partial liquidation of soviet collectivization and on establishment of new agricultural order in the Taurida commissariat. However, because of soldiery acts and similar with Stalin's German methods of management basic changes in the landed legal relationships in the period of fascist occupation did not happen.

M.A. Mykhailov
Gans Gross
Any scientist of criminal law knows the name of Gans Gross. He is known as a founder of this science, the author of the term "criminalistics", the creator of the first in the world museum of criminalistics, the inventor of investigation brief-case for work in place of incident. The article about not popular pages of biography of pioneer of criminalistics and in particular about his teaching at the Chernovitsky University.

S.A. Novikova
Influence of European Political Legal Doctrines of the late 18th - early 19th Century on the Shaping of P.I. Pestel's and N. M. Muraviev's Views of State and Law
The article explains the progressiveness of Decembrists P. I. Pestel and N.M. Muraviev by the fact that they originate from European political legal thought set out in works by Bodin, Cant, Hegel and Russeaux. At the same time Decembrists shared opinions of such revolution critics as Maistr, Bonald and Burk, which played a decisive role in their failure.

Т.V. Omelchenko
Constitutional Guarantees of Human Rights in Criminal Proceedings: Substance and Notion
The article deals with legal substance of constitutional guarantees of human rights. On the basis of the analysis of the points of view expressed in the sources with regard to the notion of legal guarantees, their contents, the notion of constitutional guarantees of human rights in criminal proceedings has been formulated.

N.A. Orlov
Trends of Systematization of Environmental Legislation Ensuring Sustainable Development of Ukraine
The article analyses environmental protection legislation as well as possible methods of normative legal acts systematization. The author states that the most optimal systematization of legal rules on environmental protection is possible solely in the process of drafting and adoption of the Environmental Code of Ukraine as a single and uniform normative legal act.

M.V. Prokhorchyk
Conception of the Ukrainian State System in V.I. Vernadskiy Opinion
The basic stages of scientific and political activity of V.I. Vernadskiy are presented in the article. His activity in constitutionally-democratic party and his work in the zemstvo. The view-point on a national question, his seeing of autonomy of Ukraine are represented in the article.

V.Ye. Rubanik
Institute of the Right of Ownership under the 1922 Civil Code of the UkSSR
The article analyses the first Soviet codes of the period of the New economic policy with regard to the right of ownership of denationalized buildings, right to development both in urban and rural localities, right of ownership to chattels, right of mortgaging the mentioned property, copyright and inventors' rights, right to inherit by law and by will. Transition to New economic policy has always been associated with active application of private initiative. However, as far as legal respect is concerned, the ruling party has always played crucial role.

A.P. Ryzhakov
On the Need to Specify the Status of Civil Plaintiff in Criminal Procedure on the Example of CCP of the RF
The article raises an issue of insufficient determination of the civil plaintiff status as well as the moment when this subject appears in the criminal procedure. The author focuses on conflict in articles of the CCP of the RF regulating the civil plaintiff status and emphasizes that the person who brought an action claiming reimbursement of the damages caused by a crime is not always a civil plaintiff.

E.G. Semyonova
Agreement of Reinsurance: Order of Conclusion
Theoretical and practical issues of conclusion of reinsurance contract have been considered by the article. The article reveals the basic stages, moment of conclusion and form of reinsurance contract. Some practical recommendations on determination of moment of conclusion and form of reinsurance contract and its legal basis have been substantiated.

О.V. Skvortsova
Expediency of Recognition of Legal Person as Perpetrator of Environmental Offence
The article analyses the issue of expediency of recognition of a legal person as a perpetrator of an environmental offence. The author highlights topicality of the issue (including that at the international level), its debatability by providing a brief historical review of the theory of national criminal law and analyzing scholars' opinions on this issue existing at present. Lack of theoretical and practical grounds for introducing the institute of legal persons' criminal liability environmental offences has been substantiated.

Ye.V. Smimova
Influence of Courts and Democratic Civil Society Control on Electoral Processes in the Crimea (January-March 2002)
On the basis of factual material the article deals with major trends of democratic control over electoral process and influence of courts on compliance with the Law of Ukraine "On Elections of Deputies of the Verkhovna Rada of the Autonomous Republic of Crimea".

A.V. Starushkevich
Criminal Activity in the Sphere of Dissemination of "Child" Pornography: Problems of Modeling for the Purpose of Counteracting
The theoretical and practical aspects to the criminalistics network analysis of the organized felonious activity are construed: the basic concepts of a network analysis; qualitative and quantitative performances of the information, which will be parsed; algorithm of construction of an artificial network of connections in felonious activity and feature of its analysis during investigation of a drug business.

R.S. Stepaniuk
Enhancing the Efficiency of Combating Criminal Violations of Budget Legislation of Ukraine: Problems and Proposals
The article deals with the issue of counteracting crimes in the budget system. It highlights the availability of legislative gaps impeding qualification of these acts. There is no clear definition of the notion "non-purposeful use of budget funds" in the Budget Code. The author submits specific proposals aimed to improve criminal legislation by amending articles 210 and 211 of the Criminal Code of Ukraine.

V.M. Stratonov, A.A. Lutsenko
Improvement of the CCP Legal Techniques as a Guarantee of Ensuring Rights of Participants in Criminal Proceedings
Legal technique is an independent branch in the general theory of law. Viewing legal technique in the light of criminal procedure and subsequent development of this doctrine is a crucial task of legal science. Taking into account the history of formation and development as well as contemporary state of legal technique of criminal procedural legislation of Ukraine and foreign states, the author concludes that compliance with the requirements of legal technique is a necessary prerequisite for the adoption of new criminal procedural legislation which shall combine the expertise and efforts of both lawyers and linguists.

Yu.M. Tluschak
Fiscal Machinery of Russian Empire in Ukrainain Gubernias
The influence of the central state machinery of the Russian empire on the organization and activities of local tax authorities on Ukrainian lands was manifested in general tendencies of transition towards historical type of a bourgeois state and powerful processes of legislative and managerial uniformity.

R.R. Tokmedshi
Dshafer Seytamet and Milli-Firka - Struggle for National Freedom in the Period Expansion of Bolshevism
The subject of investigation - political activity of Dshafer Seytamet, as leader of the first political party of Crimean tatars - "Milli-firka", in the period of approach bolshevism to Crimea in 1917 - 1918 years.

D.V. Veligodskyi
Political-Law Looks of Pavel Ivanuvich Novgorodtsev (140 years from the day of birth)
The process of formation of the outstanding Russian lawyer is examined in the article, philosopher, public man, doctor of legal sciences, professor Pavel Ivanovich Novgorodtsev, and the formation of his political-law outlooks, the advanced studies and monographs in the field of philosophy of law are analyzed as well.

S.A. Zaulochnaya
Autonomous Status of the Crimea in the Legal System of the 1937 Constitution of the Russian Soviet Federative Socialist Republic
The article deals with topical issues of the legal status of the Crimean ASSR, development of the autonomy, formation of state policy with regard to the autonomy, improvement of the legislation, practice of realization of the Constitution of the Crimean ASSR as well as certain problem aspects of the development of the autonomy.

B.V. Zmerzlyy
Activity of Courses of Vocational Training Militia and People's Commissariat of Justice Crimean ASSR in 1920-1930
In research the writer esteems milestones of originating and activity courses of vocational training Militia and People's Commissariat of Justice of Crimea, engaging in them the Crimean tartar. The analysis of this activity and its outcomes is given.