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Vol. 19 (58) № 3. 2006
Juridical Sciences

F.A. Ametka
The Problem of Observance of Human Rights at Realization of Extradition
The main problems appearing during realization of extradition are disclosed in the article. The international, national mechanisms of protection of the rights of the persons who are the subject of extradition, their guarantee are also investigated. The attention is paid to the fact that in spite of huge amount of international legal acts on protection of human rights, their implementation in the national legislation, infringement of human rights in the given sphere continuous.

A.N. Anokhin
Khadysy Ymama Аl-Bukhary about the Necessity of Conclusion of Marriages
The questions of adjusting by a moslem right for the marriage-domestic relations are examined in the article. In particular, attention is spared to the requirements about the necessity of conclusion of marriages, to conviction of celibacy, preferences in regard to future baron et feme.

L.S. Anokhina, V.Y. Nikiforov
Collective Agreements and Agreements - as Method of Defence of Labour Rights for Employees
The questions of defence of labour rights for the employees of at the help conclusion of collective agreements and agreements are examined in the article. The role of trade unions in the mechanism of permission of possible conflicts is shown.

A.O. Borisenko
Legal Tax Regulation on the Added Cost of Tourist Services in Ukraine and Abroad
Separate tax norms in international taxation practice in the field of tourism are analysed and directions of the tax system subsequent perfection of Ukraine in part of indirect taxation - the value-added tax are explored.

Yu.N. Dmitrienko
Problems of a Legal Status of Initial and Secondary Subjects of Justice Sense
Representing the modem Constitution of Ukraine as a direct normative result, a fundamental principle of the working mechanism of legal regulation, the conceptual normative-legal act of secondary subjects of justice sense, we fix the thesis that essential tools of its improvement and modernization are formed in a sphere of such legal policy and practice which allow or do not allow really or theoretically to equal the rights of initial and secondary subjects of justice sense.

I.A. Dobrorez
The Law of Ukraine «About the Fight against a Corruption» Needs Perfection
The author comes to conclusion, that the Law of Ukraine «About the fight against a corruption» needs perfection by bringing changes in it or by the grant of the proper elucidations by Supreme Court of Ukraine according to the Law of Ukraine «About court creation in Ukraine». These propositions should be taken into account in researches through question of counteraction of corruption.

V.O. Elfimov
The Court of Biev as the Form of Traditional Judicial Realization of Justice at Kazakhs (XIV-first half XIX century)
In article the special legal institute of a Common low at the Kazakhs existed in XIV - first half XIX centuries,-court biy is considered. Having a basis in a traditional way of life of the population of Kazakhstan, this low institution has been as possible approached to needs of the population, combining an openness and democratic character of process with specific local norms.

E.E. Gafarov
Ethnic, Religious and Cultural-Educational Factors of Formation of Personal C.Chelebiev's Outlook
Absence of special research about C. Chelebiev in the Ukrainian history-legal science, staticizes the profound studying his public-political, religious and cultural-educational activity, understanding of his place and role in creation of the Crimean Democratic republic, its Constitution, bodies of national self-management.

V.G. Gruzkova
Lev Efimovich Arotsker
The article is devoted to L.E. Arotsker - the initiator of introduction of mathematical linguistics methods in the development of scientific bases and techniques methods of judicial-author's examinations, rational use of computer technologies, mathematical statistics for creation and use of modem methods of solving the expert problems at researches of various objects, especially writing and handwriting.

V.N. Ivaschenko
Experience of Trade Secret Protection Abroad
The article is dedicated to analyses of the legislation protecting trade secret in the developed countries of the world.

V.Ya. Karaban'
Law Application Aspects of Right System
The problem of definition of a branch belonging of rules of law which are formulated in the acts of the legislation is examined in the article. The conclusion is made that there is a practice at which several branches of the right are formulated in the same position of the legislation norms. It is shown that from the legislative guideline which formulates the norm of certain branch of the right, the norms of other branches do not follow. The parity legal relationship of various branches belonging is analyzed.

Karrash Khassan Phuad Khassan
The Decision of the United Nations on Separation of Palestine in 1947: Historical-Legal Aspect
In February, 1947 the government of the Great Britain (as country - mandatory state) started negotiations with the Palestinian arabs, representatives of the independent Arabian countries and the Jewish Agency about five years' "the preparatory period to independent uniform Palestine ". This plan became known as "Bevin plan".

S.G. Kaschenko
The Old Testament of the Bible as a Source of a Criminal Law
One kind of social norms is the religious norms. The norms which are in the old testament also belong to them. These instructions adjusted not only religious life of age-old Jews, but also other kinds of public relations between them. As the bible was considered as a canon (law) its norms substantially had also character: they were obligatory for performance and infringements of their instructions was accompanied by sanctions.

N.P. Kharchenko
Legitimacy and other Attributes of State Mechanism
The urgency of definition of attributes of state mechanism is connected, first of all, with the fact that modem state machinery in Ukraine passes a stage of reconstruction, becoming and development. At this time very difficultly for a society to realize the place and the role of all bodies of state machinery in the system of government, in the system of a concrete definition and distribution of powers. And in connection with political changes which occur recently, with support of idea and the nation-wide рифове concerning to creation of a lawful state, it is a question and its problematics draw steadfast attention of domestic theorists of the right.

N.N. Kitaev
Study of the Experience of Extrasensory Individuals Help in Discloser and Investigation of Crimes
The author gives the examples how the usage of extrasensory individuals help to disclose and investigate crimes. He determines the concepts of extrasensory (supersensible) perception, telepathy, clairvoyance.

S.V. Kondratyuk
Creation and State-Legal Principles of Representation Bodies WUNR Activity
The article is devoted to an actual problem of state construction of WUNR. Especial attention concentrates around the question of preparation and creation of the Ukrainian National Council.

V.P. Korzh
Grigory Abramovich Matusovsky
The article is devoted to known in Ukraine and the in states of CIS Matusovsky Grigory Abramovich: the jurist, the criminalist, the doctor of jurisprudence, the professor, the member-correspondent of Academy of legal sciences of Ukraine. He investigated the general problems of criminalistics, criminalistic techniques, adjacent questions of criminalistics, criminal trial, judicial examination.

N.N. Kurochkina
Theory of the Normative Facts in the Psychological Concept of the Right of L.Petrazhitsky
The following is the analysis of "normative fact" notion and its interrelation with the notion of source (form) of law. The definition of normative fact was proposed by L.Petrazhitskiy, a well-known jurist, at the beginning of the twentieth century. Author of the article provides classification of normative facts, describes different types of normative facts and their significance in relevant historical periods. The article renders particular interest due to the fact L. Petrazhitskiy's scientific heritage has not been a subject to considerable researches in contemporary Ukrainian jurisprudence before.

V.V. Lavrov, V.V. Bobkov
Social and Economic Institute at the Crimean University: the Last Attempt to Organize the High Legal School in Crimea
On the basis of the documents, found in the backlog of Ukraine and the Russian Federation the historic reconstruction of the Social - Economic Institute under the Crimean M.V. Frunze University in 1922-1923 was suggested for the first time. The mentioned institute has accumulated a wide range of jural and economic disciplines. Such outstanding scientists as P.N. Ardashev, M.O. Gredinger, I.A.Linnichenko, A.A. Raevskyi and others have worked there. The work provides with the documentary proof that the termination of the Social-Economic Institute has removed higher legal education in Crimea.

I.V. Lisovyy
Some Questions of Blade Side-Arms Civil Circulation in Ukraine
Article tells about problem questions state regulation of side-arms circulation in Ukraine. Author placed emphasis to blade side-arms and acquisition of right to procurement of it, using of side-amis by Ukrainian citizens. Also he made a suggestion to perfection this area legislation.

A.V. Mel'nikov
Fascists Violation of International Law Norms in Reich Commissariat "Ukraine", Qeneral Commissariat "Taurida"
In article the author analyzes a legal status of east workers who have been violently taken out from Ukraine for works to fashist's Germany from the point of view of international rules of law operated during the Second World war and nazists legal acts.

M.A. Mikhajlov, I.F. Patrash
Boris Andreevich Piskarev
Authors of the article are united by the aspiration to tell about public prosecutor - criminalist B.A.Piskarev the uncommon expert, the present professional of the affair, the creative person about whom one of them has learned from publications in «Investigatory practice» and another during the work in the Office of Public Prosecutor in Magadan area.

I.Nastasyak
Peculiarities of Austrian Personnel Police Regarding Crown Land of Halychyna (1772-1848)
The article is dedicated to the formation peculiarities of management personnel of crown land of Halychyna of late XVIII - first half of XIX cent. The article covers main aspects of Austrian personnel policy regarding crown land of Halychyna as well those positive and negative consequences which it had for the Halycyna society.

V.A. Pashneva
Contribution of the Academician N.L.Palyenko to Development of Legal Science in Ukraine in a Soviet Period
Activity of the prominent Ukrainian scientific legist is examined in the article, academician of All-Ukrainian academy of sciences N.L.Palyenko in a soviet period, and also is analysed his contribution to development of legal science in Ukraine.

V.N. Pashchenja
To a Question of Evolution of Bodies of Court and Office of Public Prosecutor, the Korenizaziya in Crimean ACCP in 1930 - first half 1940th
Given clause is continuation of complex research by the author of a problem of history of creation and development of bodies of court and Office of Public Prosecutor Crimean SSR, the korenizaziya, begun in 1920th [1]. This process developed in 1930th in three basic directions: first, activation korenizaziya all structures of bodies of court and Office of Public Prosecutor of an autonomy; secondly, perfection of their structure, legal base, forms and methods of work; thirdly, transformations into the important tool of the statement into Crimea Stalin totalitarian system. The рифове of given clause is the analysis of evolution of bodies of court and Office of Public Prosecutor Crimean ACCP in 1930 - the beginning of 1940th.

S.F. Pivovarov
The Peculiarities of Becoming Specialised Judicature in the Russian Empire
The article describes the peculiarities of becoming specialized courts development in the Russian Empire, and also the expediency of the economic and military courts existence.

O.O. Pogrebnoy
Foundation of the Ecological Right Branch in Ukraine
After declaration of independence the ecological right has received rapid development, the ecological question was one of the key. Protection of life and health of the person from negative influence of the natural environment. Is a priority direction of the state activity. Thus, the development of the ecological right, creation on its basis the perfect system of the legislation are the important factors of construction a social and a lawful state in Ukraine.

I.I. Polyakov, E.A. Bavbekova
Differentiating of the State and Municipal Ground Property: Problem Questions
The article investigates the order of differentiation of the grounds of the state and municipal property. It emphases the necessity to increase the effect of performance of the state ground cadastre as one that makes information systems. The article names the basic problems organization of the use of land bodies face with during the realization of differentiating of the grounds.

E.I. Rovinskaya
National Principles of Corporate Management as a Basis of Development of Ukrainian Economy
In the article tools and mechanisms of regulation of corporate management in Ukraine are analysed, the international practice of corporate norms action is considered and ways of introduction of corporate management principles to the Ukrainian companies are offered.

I.N. Rozumovich
Legal Aspects of Public Participation in the Process of Carrying out Ecological Examination
The scientific article is dedicated to the study of the legal problems of public participation in the process ecological examination. Up-to-date state of the legislation on ecological examination from the viewpoint of the public participation in this process has been studied, its weak points having been discovered. Suggestions on making alterations to the existing legislation of Ukraine are given an important role in this scientific article.

Т.A. Romanchuk
Draft as an Object of a Criminal Encroachment
Problems of bill circulation as securities are investigated. The rise of knowledge level - a necessary condition of improvement of quality for an investigator who has main job as research economic crimes. The legislation in law about bill circulation are analysed, have a place the examples of practice in the research economic crimes.

L.T. Ryskeldieva
The Key Moments of the Ancient India Political and Law and Cultural Formation Process
As the key moments of the Ancient India political and law and cultural formation process an article defines: meaning and content of dharmashastra tradition texts; influence of arthashastra political tradition; role of the Ashoka's ideology; influence of the Buddhist ideas of social compact theory.

V.P. Sabadash
Some Features of Carrying out of Inquiry and Pre-Judicial Investigation at Investigation of Crimes in Credit and Financial Sphere
The article is dedicated to the features of carrying out of inquiry and pre-judicial investigation at investigation of crimes in credit and financial sphere. The modern condition of criminality in given sphere is shown, the deals with the questions, with must be answered during investigation of the analyzed category of crimes, the kinds of documents which should be obtained on demand of the inspector and investigated by him on initial stage of investigation of criminal case with the рифове of revealing of distinctions of committing of this category of crimes are represented.

A.N. Sharmoyants
About Tendencies of State Low Making in Ukraine
The article describes the tendencies of state low making process , and also the positive and negative phenomena in low making process at present stage of development.

L.I. Shehovzova
Influence of the Emotional Condition of the Person on the Criminal Lability for Crimes against Life and Health
The article is devoted to problems of influence of an emotional condition of the person on the criminal liability for crimes against life and health. In article the concept of an emotional condition of the person which has committed a crime, its communication with attributes of structure of a crime and its influence is opened at fulfilment of crimes in a condition of strong sincere excitement.

O.N. Shimanovich
The Elimination of the Deficiencies of the Court Decision by the Court, which Decreed it
The article contains the complex analysis of the theoretical and practical questions, devoted to the problem of correction the mistakes, made by the court. The article has a study of the reasons that explain the fact why the elimination of some deficiencies in the court decision is referred to the competence of that very court which decreed the decision with definite deficiencies, but not to the competence of the higher court. All those deficiencies of the decision that can be eliminated by the court are analyzed, let alone the ways of their elimination. There are the following ways of the elimination of the deficiencies in the decision: the pronouncement of the additional decision, explanation of the decision and correction of the slips of the pen and arithmetical errors. The conclusions are made as to the widening of the circle of the subjects, who have the right to put in an application as to the explanation of the court decision; the connection between the main and additional decisions is grounded; the research the period during which one can appeal to the court with рифове of the correction of the deficiencies in the court decision is determined.

О.E. Sonin
A System of Ways of Protection of Worker's Rights in Case of a Unlawful Discharge from Work
The article is devoted to the analysis of the system of ways of protection of the worker's rights of the established by the current legislation on a case of their unlawful discharge from work. As a result of the carried out research the conclusion is made that ways (and material - legal requirements corresponding to them which can be declared in protection of the broken right), are established with the help of unsuccessful technical-legal receptions and without taking into account lines of factors. Owing to the stated lacks of the legislation, the system of ways is recognized requiring in essential updating and the ways of its improvement are offered.

О.V. Taran, I.G. Kirilin
Peculiarity of Carrying out of the Tactical Operations at Investigation of Criminal Activity in Sphere of a Copyright Infringement and the Adjacent Rights
Search and constant improving in criminal science of separate techniques of investigation of crimes, development of more effective forms of organization of interaction of investigation bodies and inquiry during the last years have quite naturally resulted in idea of the complex decision of specific targets of investigation in the form of tactical operations.

Y.V. Tchertkova
Public and Private Elements in the Labour Legal Relations of State Employees
The article is a research of problems dealing with the correlation between public legal elements and private legal elements in the labour relations within the state employment, based on the in-depth analysis of national and international law. The chief aim of the research was to determine the legal nature of labour relations with the participation of state employees and clearly recognize the means to ensure the balance of public and private elements within the regulation of public service. The author also analyses the ways to ameliorate the correlation of public legal element and private legal element during the state employment regulation.

L.V. Yurchenko
Correlation of the Criminal Proceeding and Maintenances of State Accusation
A concept of «criminal proceeding» and its correlation with accusation is analyzed in this article. A whole world knows the term «criminal proceeding», it is fastened in the norms of international law. Presently this term again goes back into the lexicon of the Ukrainian legislator. The criminal proceeding is a more wide concept that includes activity within the framework of criminal procedure in general, and accusation is the expressly certain personyfytsyrovannaya function carried out exceptionally by one side - side of accusation, and on behalf of the state this function is executed by a public prosecutor. It is specified on that the decision of question about a presence or absence of the criminal proceeding function in plenary powers of public prosecutor is one of aspects of reformation of organs of prosecutor in Ukraine, adduction of them in accordance with the European standards right.

A.V. Vinogradov
The Place Clearing of Serving Punishment Institute with Test in System of Actions of the Criminal Liability
The search for optimum measures of counteractions nowdays is one of the most urgent problems of criminal legislation. This work analyses the role of the institute of release from serving a sentence with the trial in the system of measures of criminal responsibility. The situation that the given institute is grounded.

E.Ju. Volkovich
Problems of Differentiation of Concepts "Organizational - Economic" and "Government Regulation" in the Activity of Economic Societies
The article is devoted to enough vital theme concerning necessity of differentiation of concepts "organizational - economic" and "state regulation" in the activity of economic societies. The state and corporate sector of economy takes an important place in our state. The author comes to conclusion, that between concepts of such categories as "organizational - economic" and "government" in the activity of economic societies exists a number of essential differences and these categories should not be mixed and confused.

I.P. Zadereychuk
German Colonization of Ukrainian Lands in XVIII - beginning of XIX Centuries
The article is devoted to study of history of populating of Ukrainian lands by persons originally from German lands. Normative-legal acts that ensured migration policy are analyzed.

P.P. Zaharchenko
Activity of the Russian Empire's Institutes on the Final Stage of the Preparation of the Peasant Reform of the 19th of February, 1861
The article consists of the analysis of the Russian empire's governmental structure with the preparation of the peasant reform of its final stage in the part of transformations in the sphere of social land relations.