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Vol. 20 (59), № 2. 2007
Juridical Sciences
Abasov G.G., Cholan V.Ya.
Ukrainian and Legal Documents of Ukrainian Central Soviet, in Relation to Forming of the Ukrainian Army and Voluntarily Military Militia Association (history legal aspect)
The historylegal aspects of the first legislative acts of Ukraine, touching state building in the field of law and creation of military powers of Ukraine and order and deciding role herein Ukrainian, are explored in the article. First the archived documents from the fund of storage of central museum of military powers of Ukraine are entered in a scientific turn.

Anohin A.N.
The Hadithes of Imam Al-Bukhary about Inheritance of Property
Questions of regulation of the inheritance of property institution by bases of the moslem law are investigated in the article. The role of imam AlBukhary’s hadithes in the further development of the given kind of relations is also shown. Тhe author emphasizes indepth analysis of the Arabian theoretical legal sources.

Bliznjakov R.A., Malyshev D.A.
The Influence Lebanon War of 1982 year on the International Relation on the Near East: Historical Law Analysis
In the article it is told about an influence Lebanon war of 1982 year on the international relation on the Near East region. In the article it is told about a motion of oliplomatic negotiations to regulate conflict, to showing reaction of arab countries and international community on the fight in Beirut. So showing evaluation of peace treaty with Lebanon and a position of various side this conflict to elimination consequences of war.

Boyko I.I.
Family Relations Legal Regulations in Galychyna within Polish Kingdom (1349–1569)
The article is dedication to the question of family relations legal regulation in Galychyna within Polish Kingdom. Analyzed of the main provisions of family law of the Polich Kingdom, which functioned in Galychyna, bears considerable significance for family legislation improvement in Ukraine.

Veligodsky D.V.
The Legal Basis of the Development and Activities of the Consumer's Cooperative Societies in the Crimea during the second half XIX – beginning XX Century
Development of the legislation on consumers cooperative society of Russian empire and Crimea, the basic directions of legal regulation cooperative society’s attitudes, struggle of tendencies in this process is analysed.

Kobilestky M.M.
The Process of Spreading of the Right of City Self Government on the Territory of Galychina in XIV-XVI Century
The article highlights the process of spreading of the right of city selfgovernmente on the territory of Galychina within Galychina Volun State and Polish kingdom. The pecularities of the right of city selfgovernment on the territory of Galychina are described.

Maltseva E.V.
The Legal Basis of the Activities of the Consumer's Cooperative Societies of the Autonomous Repablic of Crimea in the Condition of the Change in the Market Economic
The state of legal base is lighted up the legal state of consumer societies and Krympotrebsoyuz opened up the legal adjusting of relations, which eppeare inside the cooperative society is invesgated.

Prisyazhnyuk A.I.
O. Koptsyukh's Constitutional Project and its Role in the State Building in UPR in the time Directory (historical law analysis)
The author analyses one of the most important project of the constitution of UPR. The author and ideological leader of this project was Ostap Koptsyukh. Such original constitutional project, which was consist of all main norms, which regulated the legal status of the citizen, its main rigths and responsibites, State system, legal procedure, basises of selfgoverment, was created by O.Koptsyukh. Such detailed analysis of the Directory's trial helps to go out from the mistakes, which were in that time.

Redkina E.N.
The Organs of the Self Government of S.Sulkevich's Government (June-November 1918 year)
The organs of the selfgovernment in the Crimea in the time of the regional government headed by generallieutenant S. Sulkevitch (JuneNovember 1918) are considered in this article. This organs practicaly without change were immitated in Russian Empire by generallieutenant S.Sulkevitch's regional goverment for the consolidation of the power in the Zemstvos and towns.

Adelseitova A.B.
The Juridical Nature and the Peculiarites of the Territorial Autonomy as Forms Decentralize of the State Power (on the example the ARC)
The article is devoted to form of the government organs of the territorial Autonomy. On the base of analyze international juridical deeds, legislation of Ukraine are investigated juridical nature and peculiarity of the territorial Autonomy.

Basov A.V.
The Juridical Nature of the Norms of the Regime of the State of Emergency: Theoretical Law Aspect
The questions of the defenition the place of the regime of the state of emergency in the law system. Author analyses norms, which regulate relations, which appear in the condition of activities the regime of the state of emergency.

Gurenko M. N.
Children's Homelessness and Neglect as Forms of Infringement of the Rights of the Child
In this article problems of children's homelessness and neglect as forms of infringement of the children’s rights, and also the reasons of generation of the given negative phenomena are considered.

Pogorelov E.V.
The Integrity of the Content and the Elements of the Form of Law (general legal aspect)
The general theoretical questions of the complex analysis of the codification activities are investigated in this article. The main place in thisarticle occupys the analysis of generaltheoretical aspects of the system of law, the integrity of its contente and its elements. This problems present the new level of the understanding and generalization of this problems.

Skakun O.F.
About the Terms "Typology" , "Typologisation" , "Type" in the Comperative Law
The author analyses the use terms "typology", "typologisation", "type" in the comperative law. The author shows meaning, gives the general and differnt trait of this terms.

Taran P.E.
The Idea of the Moral Autonomy as the Basis of the I. Kant's Studies about Law
This article is dedicated to ideal grounds of I. Kant’s philosophy of the law. Such basis is the idea of the moral and autonomous personality. As a subject formulate to himself the moral law, such personality is a subject of social agreement and the law must protect moral autonomy, i.e. freedom of the individual.

Donskaya L.D.
The Causal Relationship in the Institute of an Agreement Contract
The author analyses the causal investigating relationship in the agrement of contract. The author formulates folloing conclusions and recommendations of inseret changes in the some articles of the Civil Code of Ukraine, which consern the causal relationship in the agrement of contract.

Anokhina. L.S.
Some Aspects of Criminal Participation in Obedience to the Criminal Code of Ukraine
In the article attention is spared to the concept of forms of participation, the analysis of features of participation in obedience to the operating Criminal Сode of Ukraine is conducted. An author explores progress of this phenomenon trends in the conditions of contemporaneity.

Bugaev V.A.
The Normative Law Forms of the Counteraction of the Economic Criminality
In the scientific article the problem of the counteraction of the economic criminality is considered by the author. The author draws conclusions, that legislative basis of the modernUkraine is far from being perfect and it need in the subsequent development by means using the positive trail of the counteraction the such criminality in the foreign countres.

Skvortsova O.V.
Differentation of Illegal Wood Felling and Abjacent Corpus Delict
In general, the problems of the qualification, besides the differentiation of ecological crimes and ecological administrative delinquencies, come to the question of the differentiation of abjacent corpus delict. Materials of criminal cases of the criminal legistation and scientific literature, became the basis of search of criteria of the differentation of illegal cutting down wood with abjacent criminally punishable deeds. Pointed differentiation should be decreed by separate characteristics of corpus dilict.

Isyutin-Fedotkov D.V.
The Some Aspects of the Language of Criminalistive Techniques
The some aspects of the tendency of the broadening the row determinations and notions in the language of criminalistic, on the example criminalistive techniques are considered in this article. The mobil structure of the criminalistic permits to enlarge number of criminalistive determinations. The new notions, such as olfoctronic, golografics, determatoglifics, etc. are appeared in criminalistic. The innovations of the language of criminalistive techiques must proceed in the conditions of discussion and must not bring to significance of use this notions.

Koval P.Yu.
The Responsibility of the Composition of the Report of the Court Sitting in the Criminal Action of Ukraine
The question about the responsibility of the composition of the report of the court sitting in the criminal action of Ukraine is considered in this article. The question about the legal role and juridical significance of the responsibility of the composition of the report in the court sitting was conserned ti the problems, which insufficiently are worked out in the home criminal trial. The author makes the conclusions about the actuality and expediency of the deep study of the question about the report of the court sitting as the source of the evidences in the court sitting.

Mikhaylov M.A.
The Problem of Identification of Personality is Going out of the Limit, which Defenite the Object of Criminalistics
The history of search of the reliable method of identification of the personality, the modern condition of this problem and the perspectives of its development are considered in this article. Besides the traditional dactiloscopic methods, such tehnologys as identification the man by the iris retina of the eyes, by the forms of the face and hand, by the keyboardable handwriting, voice, the vein map are considered by the author. The author try to distinguish criterion of the classification this methods in the target it the effective using not only in the criminalistic target, but for the access in premise, to the information and to the sourse of increased danger.

Chebotareva G.V.
The Criminal Responsibility for Offences in the Medical Sphere: Foreign Experience in Legislative Regulation
The author reviews and analyzes the norms of foreign criminal legislation pertaining to offences in the sphere of medicine and compares them with the national legislation.

Semukhin I.Yu.
About Correlation Objective and Subjective Factors of the Tax Law Relations
The problem questions of the taxrelations in the modern conditions of the transform economics of Ukraine are considered in this article. The main attention was spared the systematization and analysis of the objective and subjective factors, which promote the evasion of payment of the taxes, with the intention of definition the main direction of the resist violate the tax legislation.

Orlov N.A.
The Ecological Law Problems of the Regulation of Social Relations in the Sphere of the Energy and Economy of the Energy in Ukraine
The problems of the development energy and economy of the energy are closely connected with ecologicallaw problems. Its solution possibily in the time, when Ukraine will be transfered on the stable development.

Orlov A.N.
The Meaning Notion "Sanitation and Health Territores" in the Time of the Reforming the Territorial Organization and Local Self Government in Ukraine
The necessity of the legislative forming of the regional section of State management on the example the investigation the land problems on the territory of the Crimea's health populated areas is considered in this article. The land of the health resorts are the part of the sanitation and health territores, what is necessary take into account for the differentiation land on the state, municipal, privat.

Vasilenko V.M.
The Legal Regulation of the Administrative Arrest by Wokers of the Veterinary MilitiaS
The questions of the realization of the administrative arrest by wokers of the veterinary militia are considered in this article. And the attention is spared on the most quick infringements, which are accomplished by wokers of the veterinary militia in the time of the realization of the administrative arrest.

Gutnik K.V.
The Counsel for the Defence as a Subject of the Counteraction of the Inquest
The author gives her view concerning the counsel for the defence as a subject of the counteraction of the inquest. The contemporary legislation is analysed and the author formulates the conclusions that the activities of the counsel for the defence in the criminal legal procedure as before is regulated only in the general lines. The legislation don't concretize powers, responsibility, without clearcut determination criterions of the legality, the ethical activities of the advocate in the criminal process.

Elfimov V.O.
The Political Pole Juridism in the Moslem Regions of the late USSR (1917-1928 years)
The legal phenomenon of the polejuridism is considered and its types are analysed in this article. The main attention is spared the political polejuridosm and its establishment in USSR in the time from 1917 till 1928 years. Description in this article materials can be used in the modern legal activities in the regions with moslem population.

Emeljyanenko V.V.
The Some Questions of the Qualificftion of the Illegal Seize the Transport
The questions of the qualificftion of the illegal seize the transport are considered in this article. The recomendations about use the 289th article of the Crime Code are given by the author in this scientific article.

Esaulova A.V.
The Criminalistic Investigation of the Fibred Structure of a Paper
The article is devoted to research of fibred structure of a paper. A paper is made of elastoplastic capilliaryporous material, basis of which is represented by the fibres of phytogenous, casebound and joined between itself in the process of forming of paper sheet. The morphological structure of basic materials which paper linen prepaves from esexamined, and also raw material, using at making of paper: rag simimas, fibres of vegetative and animal origin, cellulose, arboreal and straw mass.

Zhilikov T.S.
The General Law Characteristic of the Objective Side of a Small Hooliganism
The indications of the objective side of a small hooliganism are considered in this article. The author gives determination the "public place", "obscene words". The main attention is spared the differentiation of the small hooliganism and hooliganism, which involves the criminal amenability.

Kirkach Ya.A.
The Protection of the Public Order on the Populated Area of the Health Zone during the Seasonal Rest of Citizen: the Theory Law Aspect
The theorylaw aspect of the protection of the public order on the populated area of the health zone during the seasonal rest is considered in this article. The main conditions of the guarantee the necessary public order and public security on the definite territory are calculation of the local peculiarity, the accurate activities and management of state powers and means, the possibility of receipt the timely and trustworthy information about the perfective crimes.

Kirichenko Е. M.
The Organic Statutes, which Fix Making and Functioning of the Union of the Ukrainian Citizens
One of the fundamental rights of man – the right of the freedom of union – is considered in the article. This right is fixed both in the Constitution of Ukraine and in the quite a number of the organic statutes. The author analyses this statutes and gives the determination of this organic statutes.

Nechitaylenko V.A.
The Problems of Administrative Legal Regulation of the Activities of the State Inspections
The problem questions of the administrativelegal regulation of the activities of the state inspections are considered.

Pivovarov S.F.
The Comparative Analysis of Organization of Military Justice in Miscellaneous Countries a Pattern
In the article the organization of military justice in Ukraine and other countries a pattern is considered, and also the problem on necessity of realization of courtlegal reform mounts.

Polivchuk D.P.
The Rights and Responsibilites of the Persons of the Rank and File and Commanders of the Organs of the Internal Affairs of Ukraine in the Disciplinary Process
The questions of the determination the rights and responsibilites of the persons of the rank and file and commanders of the organs of the Internal Affairs of Ukraine in the disciplinary process are considered in this article.

Popovich O.S.
Legal Adjusting of Relations in Armenian Communities on Ukrainian Earths after Soudebnicom M.Gosha
In the given article the action of the armenian right is analysed to territories of Ukraine. Basic attention was spared to the analysis of Soudebnica Mhitara Gosha. The norms of the armenian right are described after Soudebnicom.

Sokurenko E.N.
The Reasons of Departure of the Convicts, who Imprison, abroad the Criminal Executive Institutions: the International Law Aspect
The author analyses and investigates the international criminalexecutive legislation concerning questions: what namely there are the reasons of departure of the convicts abroad the criminalexecutive institutions and how long are lasting such departure accoding to the criminalexecutive legislation of foreign countres.

Sorokin R.A.
S.S. Krym’s Bill on the Establishment of the Tavrida UniversityS
The article contains the detailed research of the Solomon Krym’s bill about the establishment of the Tavrida university. Each thesis of the given document was carefully analyzed. The aim of such analysis is to study the author’s personality, including his views on state and politics which haven’t been studied before.

Timoschuk A.A.
The Historical Traditions of the Self Government in the Countres of Basque (Spain)
The article is devoted to the traditions of the self government in the Countres of Basque. In this article the Spanish system of the selfgovernment and competence of this organs are analysed by author.

Fominykh V.S.
Becoming and Development a Philosophy Low Idea on Human Rights on Freedom of Outlook and Creed in Ukraine
In this article the author analyzes process of becoming and development a philosophy low idea on human rights on freedom of outlook and religion in Ukraine. In the given work attention is paid to works of the Ukrainian thinkers, scientific and cultural men.

Kharchenko N.P.
The Determination of the Mechanizm of State and the Scientific Search the Theory Law Defenition
The author consideres the problem questions, which concern the mechanizm of state, its nature, structure, principles of forming and fuctioning. The state activities should not carry the spontaneous character. Only the functioning of the spesial system of organs and organizations, which are members of the state mechanizm, permit organizatly and effectivly to realize the tasks and functions of the state, its purpose in the society.

Khydoba N.V.
Austrian Law Codification and it’s Application Peculiarities in Galychyna (1772–1918)
The article is dedicated to the question of Austrian legislation codification and its application in Galychyna. Austrian law codes, which functioned in Galychyna were analyzed.

Chertkova Yu.V.
Topical Questions of the Deregulation of the Relations Concerning employee's Liability for Breakage
The article contains the analysis of problems dealing with the deregulation of the relations concerning employee's liability for breakage caused to an enterprise, an establishment, an organization. The author substantiates the barest necessity of repealing a number of dispositions of the existing labour legislation. With this in mind that de facto some of them are endowed by the tax function.

Sharmoyants A.N.
Autonomy as the Special Subject of Administrative Territorial System of the State (on the examples of the Ukraine and Russian Federation)
The article is devoted to consideration of general and special in legal status of autonomous educations presented in the administrativeterritirial systems of Russia and Ukraine.

Bakhin V.P.
The Dissertation Investigations Don’t Give Reason for the Invention of the Paper and Powder
The author expresses an opinion about problem of the deterioration of the quality of dissertations of criminalists. Today’s young scientists, who write dissertations, have excesivly been infatuated with theorydoing in science. This theory is applied. That’s why the usefulness of this investigations for the practic excites the many doubts. And in the modern conditions, investigator can’t made any importance step in the science, which can be of use in the struggle against criminals. In the article the author proposes to consider possibility of the legitimation of the collective dissertation investigations with establishment criterions of the concrete insvestment in the result each from competitor for scientific degree.

Dmitrienko Yu.M.
The New Vision of Forms (types) of the Ukrainian Legal Conscious and Legal Culture
In this article the new methods of study of the nature of law and legal culture are proposed and investigated by the author.