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Vol. 20 (59), № 1. 2007
Juridical Sciences

Adamchuk I.H.
The Definition of the State-Territorial Status of Subcarpathian
Ruthenia after the World War I: the aspects of global policy and international law. The international relations in the Central Europe after the completion of the World War I and legitimateness of entering the Carpathian Ukraine the interwar zechoslovakia are discussed in the article.

Anokhin A.N.
Hadisy of Imam Al-Buhari about Legality of the Contract of Sale and Purchase
In article the questions of regulation by the Muslim right of trading activity are examined. In particular, the attention is given to requirements of interaction of the seller and the buyer. Permission of interdictions concerning kinds of trade, legality of subject of commercial transaction.

Anokhina L.S.
Criminology Question of Research is the Determinant of Bribery
In the article attention is spared to the idea of causal explanation of criminality, the analysis of system factors of bribery as the social phenomenon is conducted. As basic factors the economic are selected, political, organizational, ideological, legal facts. An author explores progress of this phenomenon trends in the conditions of transitional period of development of state and society.

Bekirova E.E.
Legal Regulation Revocation, Termination and Invalidation of License Concerning Economic Activity
This article is dedicated to analisis of concepts revocation, termination and invalidation of license as well as development of proposals concerning improvement of law regulation of the concepts mentioned above. The expediency of providing a legal process in revocation of license is reasoned at the Law „About licensing of certain kinds of economic activity".

Boyko I.I.
The Some Aspects of the Development Self-Government of the Village Union of Galichina in the Structure of the Poland Kingdom
The article is devoted to the question of the development self-government of the village union at Galichina in the period when Galichina was the structure part of the Poland Kingdom. The analysis of the development self-government is important for the choice of the optimal ways for the defence the interests of the some ethnic territories and national minotary in the some modern states and in Ukraine.

Denisova O.V.
Criminal-Law Characteristic of the Object of Torture and the Definition of the Place of Mentioned Corpus Delict in the System of the Special Part of Criminal Code of Ukraine
The article is devoted to the problem which is not enough developed in the theory of criminal law and current criminal legislation of criminal-law description of tortures as the one of the most dangerous crimes against personality. There are the existent points of view in relation to the concept of health of man are analysed. And separate elements of corpus delict, that foreseen to the item 127 of Criminal Code of Ukraine in this article. The decision of object of the indicated composition different from other is given there.

Didenko T.I.
The Law of the Ukraine "About the Protection of Surrounding Natural Ambience" 1991 as an Important Stage in the Development of Domestic Ecological Legislation
Analysis of the important position of the base law of ecological legislation of Ukraine is considering in the Law "About the protection of surrounding natural ambience", which reflects its special place and progressive importance in the development domestic ecological legislation.

Ignatenko V.V.
The Arrest of the Property: the Theoretical and Practical Questions of the Aplication by the Organs of the Judicial Inquiry
The article highlights the theoretical and practical problems of seizure of property by the organs of the judicial inquiry of Ukraine. The ways of their decision are offered by the author of the article. Besides, propose methodical recommendations for the investigators, and also public prosecutors which carry out the supervision after the activity of organs of the judicial inquiry.

Khavadjy D.R.
Forcible Resettlements of the Special Groups of Population from the Crimean Territory in the Year of the Second World War as the Object of History-Legal Investigation
There are documents about compulsory resettlements of the groups of population according their nationality on the strength of the documents of the State archive of the Russian Federation, State archive of the Council of the Ministers of the Autonomous Republic of Crimea about the forcible resettlements from the Crimean territory in the years of the Second World War were issued. There resettlements had not provisional character.

Kroytor V.A.
Reasons and Common Order of Considering the Civil Case in Closed Trial
In the scientific article the author rethinks the content and frontiers of activity of publicity principles in civil procedure law, considers of one of the elements of publicity principles - order of proceedings in closed trial, which has fully individual sense, and can be relate to specific principles of civil proceedings.

Khudoba V.N.
Decisions of the Constitutional Court of Ukraine as a Source of Civil Procedural Law
The article consists of the legal nature of the decisions of the Constitutional Court of Ukraine, which officially are interpreted by the Constitution and the Ukrainian laws as well as the decisions that deal with the constitutionality of the Ukrainian laws and other normative legal acts. While investigating is considering the present problem, the author of the article has compared the jurisdiction, the content and the function's form of the constitutional control with the similar characteristics of legislative acts. After characterizing the Constitutional Court of Ukraine and thoroughly analyzing its decisions, taking into account the latest works of native and foreign authors, court practice and remedial legislation, the author has concluded that only those decisions of the Constitutional Court of Ukraine should be referred to on the legal source, which the Constitutional Court of Ukraine considered not coicedence (partially or fully) with the Constitution of Ukraine. Thus, all decisions of the Constitutional Court of Ukraine, with it recognizes as non-constitutional have not only a normative character, but they are the source of the procedural law.

Kurilo T.V.
International-Law Cooperation of Ukraine with the Countries of Europe in the Sphere of Restitution and Returning of Cultural Values
Convention of UNESKO and internation acts ratified by Ukraine in the sphere of restitution and returning of cultural values of Ukraine are analyzed in the article. Problems which arise between Ukraine and European countries in the sphere of restitution and returning of cultural values of Ukraine are pointed out there.

Lujanskiy A.V.
The Problems of the Legal Adjustment of Qualificatory Requirements for Ombudsman Position in Ukrainine
The legislative establishment of certain qualificatory requirements for ombudsman position is one of the guaranties of its effectiveness from the point of view of qualitative serving public interest in the future. At the same time these requirements must correspond to the law, which will help to increase transparency of his further estimation.

Mel'nikov A.V.
Agrarian Third Reich politic in Tavrida General Commissariat
In the article an author analyses introduction by German authorities of the landed law, and new agrarian law and order of german occupation on the territory of Crimea which was 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 policy in the Tavrida commissariat. However basic changes in the landed legal relationships in the period of fascist occupation did not happen because of soldiery acts and similar with Stalin's German methods of management.

Mogila D.V.
Liquidation of the Crimean Autonomy Soviet Socialistic Republic in 1944 from the Point View this of Accordance of such Liquidation in Constitution of USSR
The given article tells about liquidation of the Crimean autonomy soviet socialistic republic in 1944 from point of view the accordance of such liquidation of Constitution of USSR. Liquidation of Crimean ASSR was accomplished with violation of Constitution of USSR. Liquidation of Crimean ASSR was the result of liquidation of main national signs of autonomy. Crimean tatari, Greeks, Armenians and some other groups of population were evicted. Thus guidance of USSR tried to prepare the military place of arms in the strategically important region of USSR, but autonomy was the obstacle for forming of such place of arms.

Nikiphorov V.Ju.
Criminalogical and Criminal-Law Charecteristic of the Notion Criminal Organizational: Some Aspects of the Theorycal Problem
This article is devoid to the problem of description of the phenomenon of criminal organizational in the Criminal Code of Ukraine. The article which analysis of crime-legal literature concerning this question consideres phenomenon of crime organizational in institute of complicity. New definition phenomenon of crime organizational is given in the decision of Session of the Supreme Court of Ukraine from 23.12.2005 year, number 13.

Orlova V.N.
The Law Defence of the Social Health from the Ecological Harm - the Scientific Object of Intermediate Discipline Investigation
In the article the complex problems of compensation ecological harm to the health of the citizens and population are considered with use the facts of the investigation of the different branch of the knowledge: medicine, valeology, medicine geography and law.

Red'kina E.N.
The Crimean Regional Government by S. Sul'kevitch in the International Law Sphere (June-November 1918)
The article is considering problems, connected with the foreign politics of the Crimean regional government by S. Sul'kevitch in June-November 1918, which was beginnings among the new states and governments on the territory of former Rossian Impire. The international contacts of Crimean government wiht German and Turkey and contacts of neighbour - Ukraine there.

Pogorelov E.V.
The Theoretical Questions about the Forms of the Improving of Legislation
The general theoretic and general methodological questions of complex analysis of forms of improving of legislation of Ukraine are explored in the article. This is necessery for the best activity of the legal system determination of the most optimum ways of its perfection. Proofs of that systematization of legislation is a necessary condition at construction of the legal state and removal of blanks and collisions in a law.

Romanyuk L.V.
Some Proposals Concerning the Determination of the Moment of Employment Duties Commencement for State Employees
In this article the author attempts to resolve question exact of determination of the moment of employment duties commencement of state employees. The author considers with the problem of concluding a contract with state employees and discusses the necessity of including into the administrative act about the assignment of state employees a clause concerning the agreement of execution of duties of the state service. Special attention is spared to the oath of a state employee.

Prysyajnyuk A.Y.
Some Aspects of State Building in the Sphere of Guarantee Direct Democracy According to the UNR Constitutions Project of O. Eihelman
This article is dedicated to lawful analysis of certain aspects of legal regulation implementation of the democracy in the UNR is proposed by O.Eihelman in his draft of UNR's constitution. The author has analyzed professor O.Eihelmans opinion concerning the distribution of state authority in the UNR, building of relations between the national centre and certain territories, the procedure of adopting a constitution itself. On the basis of the conducted analysis, the author has made conclusions concerning the significance of the mentioned above provisions for the constitutional composition of UNR during the period of the Directory.

Semukhin I.Yu.
The Economic-Law Aspects of Form the Finincial Base of the Local Budget
In the article the problem questions of interbudgetary relation are considered in context of the problems of the administrative-territorial reform of the counry. The main attention is spare the tasks of form stability financial base of the local budgets, choice of the optimal set of the local taxes and takings with the aim the improving of utilization the budget resources.

Seleznyakova L.V.
The Principle Inviolability of the Dwelling in the Theory and the Practice
The row of the theoretitical and practical questions, devoting to the principle inviolability of the dwelling was studed in this article. The fundamental concepts and attributes was considered, the place and significance the present principle was examinad in the general system of the principles of the criminal process. The author proposes the recommendation of the improving the work of the investigator at the time of the realization the principle of the inviolability of the dwelling in the practice, exactly in the period of the examination of the place of the incident.

Shimanovich O.N.
To the Question about Classification of the Decisions of the Local Court in Civil Process of Ukraine
The article contains the complex analysis of the theoretical and practical questions, it is devoted for the problem of the classification of the decisions of the local court in civil process. All the kinds of the court decisions are analyzed in this article. Moreover the essence and the significance of every decision is resolved by the court. The conclusion of the necessity of the classification of decisions of the local court into 6 groups is made. These groups are the following: preparatory decisions; decisions that impede the beginning of the civil process; concluding decisions; court decisions concerning the decreed decision and its execution; private decisions of court; the court decisions resolved on the basis of the applications, concerning the decision's review, the latter is connected with newly discovered circumstances.

Skakun O.F.
The Principle of the Unity Logical and Historical Methods in the Comperativ Law
The article is devoted to methodological of the comperativ law. The correlation method and methodological point of view in problem investigaton are opened in the article. The place of the principle of the unity logical and historical methods in the comperativ law are defined, what allow to demarcation the objects of the study the comperativ law, law history, law theory.

Shklyar T.A.
Improving of the Interaction of the Law and Economical Systems of the Society in the Modern Ukraine
The article is devoted to improving of the interaction of the law and economical systems of the society in the modern Ukraine. The economical principles, which are characteristic to the economical development are analysed in this article. The author gives the analysis of the law influence on the economic and value the law role in the development, regulation and control behind the economical system. The author formulate the tendency of development of the inreraction of the law and economical systems of the society.

Stepanenko T.V.
To the Procedural Position of Persons, who Address in Court with Claims in Protection of the Rights and Interests of a Uncertain Circle of Persons
Features of the procedural position of persons, who address in court with claims in protection of the rights and interests of a uncertain circle of persons are analysed. In this article the author offeres directions of improvement of the current legislation.

Timoschuk A.A.
The Expansion of the Autonomy of Catalonia in the Structure of Spain in According with new Statute of 2006 Year
In the article the author compares self-government authorities of Catalonia determined by the Statute of autonomy adopted in 1979 and by the Statute of autonomy of 2006 year. He gives a great attention to the delimitation of authorities and their juridical guarantees. The author makes the conclusion that the enlargement of self-government authorities of Catalonia doesn't threaten with the wholeness of Spanish state.

Yarema A.G.
The Right of the Person on the Effective Means of the Court Defens the Civil Rights and Interests
The author analyses the court defens of the civil rights and interests, formulate the conformitive conclusions and recommendations in connection with the provision the effective court defence of the civil rights and interests, and improving the civil legislation.

Yelfimov V.O.
The History of Learning the Customary Law of the Muslim People of UIS (from XIX century till the our days): Historiography of Problem
The article is devoted to the historical investigation of the problem of the customary law of muslim people of UIS. The practical meaning of the investigation is contained in the using this knowledge in the time of the carrying out the lawaplication and legislative work.

Zaets A.V.
Development of Legal Phenomenon of Specialized Usage of the Object of Copyright Law According to Bern Convention
In the article, the author points out problems of specialized usage of the object of copyright law, shows the actual continuity of the terms of reference, analyses the canons of positive law, deduces the contemplation of the development of legal phenomenon possessing of certain determinants.