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Vol. 21 (60), № 1. 2008
Juridical Sciences

Adelseitova A.B.
The Some Problems of the Constitution Legal Securing of the Organization and Activities of the Supreme Council of the Avtonomic Republic of Crimea
On the base of the analysis of the Ukrainin legislative in this article the constitutionlegal securing of the organization and activities of the Supreme Council of the Avtonomic Republic of Crimea is considered by the author. The author investigates peculiaritys of the legal regulating of the activities of the Supreme Council of the Avtonomic Republic of Crimea.

Amelchenko Yu.A.
The Function of Prevention at the System of Functions of Law
In the scientific article the author considers the problem of conseption of functions of law. The function of prevention is manifested itself in the warning of juridical conflicts. On the basis of investigat, which was carring out by author, the perspectives of use of function of prevention and role, which this function takes up between another function of law are defined in scientific article.

Anokhin A.N.
About the Guarantee and Recognizance in the Hadith of Imam Al-Bukhari
The article is devoted to the consideration of ways of security of the contract of debtguarantee and recognizance. The author investigates the requirements made to the application of these ways, reveals the opportunity of achievement of the compromise between the parties of the contract in the presence of a disputed situation, emphasizes the importance of prevention of granting of the loan with the purpose of a profit or exploitation of a borrower.

Bekirova E.E.
The Legal Aspects of Licensing as a Means of Governmental Regulation of Economic Activity in the Treatment of Waste Products
This article explicates the aspects of licensing as a means of governmental regulation of economic activity in the treatment of waste products. It defines the following concepts: that of governmental regulation of economic activity in the treatment of waste products, and that of the licensing of economic activity in the treatment of waste products. The author hereby finds arguments supporting the need for the nomothetic enactment of the obligation on behalf of the subjects of entrepreneurship to apply for a license in order to perform any economic activity in the treatment of waste products.

Bokiy A.N.
Definition of Notion «Nonlethal Arms» in Ukrainian Legislation
The article deals with the questions of definitions of notion «nonlethal arms». It proposed to fix this term on legislative level instead of existing one « special means of nonlethal actions». The legislative acts that regulate arms trafficking and scientific literature of native and foreign authors are analysed here. Besides, the author proposes classification of nonlethal arms which spread to practically the whole list of given goods on different signs.

Bojko I.Y.
Scientific Sources about Legal Status of Galichini in Composition the Polskogo Kingdom (1349 - 1569)
In the article the row of scientific sources, at which separate questions, in particular, forming and functioning of dergavnopravovih and selfgoverning institutes, are reflected in Galichini in composition of the Polish kingdom, is analysed (1349–1569)

Bugaev V.A.
The Main Point of Object of Crime
The author analyses the elemente of the crime’s composition in particular the object of crime. Author tells that without correct determination of object of crime it is impossible to determinat juridical main point and limits of action of criminallegal system and it is impossible to open mechanism of criminal infringement.

Bugaev K.V.
The Rights of Man and Terms of Keeping of Dactiloscopic Information: Russian Experience
The tenets of law «About state dactyloscopic registration in Russian Federation» from position of europenion standarts of rights of man are considered in this article. The author notes that there are differences between Convention of Soviet of Europe «About defence physical person with respects automated processing of information of personal character» and Constitution of Russian Federation and Federational Law «About personal information». Author tells that demand of keeping of dactyloscopic information of person, who present professions of particular risk till their achievement 80year age is overuse for the aims of keeping of dactiliscopic information.

Butkevich S.A.
The USA's Experience in Connection with the Prevent and Counteracting of the Legalizing of the Profits which are Received Criminal Way
The USA's experience in connection with the prevent and counteracting of the legalizing of the profits which are received criminal way is considered by the author in this article. The legislative base of USA and method of the strugle agains legalizing of the profits which are received criminal way is considered.

Butkevich O.V., Khrabrov A.O.
The Legal Regulation of Mutual Economic Activy by Sharers of Technological Park in Ukraine
The active legislation of Ukraine in connection with determination peculiarities of doing mutual economic activy by sharers of technological park in Ukraine is considered in this article by author.

Denisenko I.N.
The Ecological Social Aspects of Realization of Investment Project of Building of Electric Stillrolling Factory in Town Bila Tsterkva of Kiev Region
The author considers ecological and social aspect of building in Bila Sterkva modern stillrolling factory on base CAS "Kievvtormet".

Donskaya L.D.
The Causal Relationship in the Institute of Bargain
In the scientific article the author considers causal relationship in the institute of bargain. The conception of causal relationship conditio sine gua non which use for interpretetion and using of position of Civil Code.

Gafarov E.E., Romanyuk L.V.
Statehood Establishment in Saudi Arabia: Historical and Legal Analisys
Historical and legal analisys of statehood establishment on the territory of Saudi Arabia is conducted in the article. Separate periods of Saudi Arabia’s monarchs governments are studied in detail. Major statutory acts, that influenced statehood establishment in Saudi Arabia are analysed. Special attention is payed to state authority agencies formation issues in Saudi Arabia. Opposition movements that exist in Saudi Arabia, are studied in the article, and also attention is payed to legal situation of the States citizens.

Getman A.P., Orlov N.A.
The Ecological Audit and Legal Problem of Perfection of Administration in the Sphere of Ecology on the Principles of Stable Development
The article devotes to necessity of rebuilding on the principles of stable development of institutes of state administration on all stages: administration of state, state administration in wide and narrow sence, corporative, technical and ather. The main idea of conseption of ecological audit is establishment the accordance of activity of the enterprice, investmentive program and another object of ecological audit according to not only modern legislation, but according to how this objects «join» in the ecological system of natural territories, where they functionate and plane of functionate.

Grivnyak L.Yu.
The Deadly Execution and it’s Functions in Law of the East Despotisms and Classical Slaveowing Society: the Attempt Comparative Analyses
The legal bases of application of deadly execution in law of the East despotisms (Egypt, Ancient India, Ancient China) and classical slaveowing society (Ancient Greece, Ancient Rome) and methods execution of deadly sentence are analyzed in this article. The author analyses process of presentation appellant and process of pardon of condemned to deadly execution, possibility application more lenient punishment and another questions.

Khudoba V.N.
Ukraine’s International Treaties as the Source of Civil Legal Procedure
The article is dedicated to the urgent problem – the research of the legal nature of Ukraine’s international treaties as the sources of civil legal procedure, their place in the system of civilprocedure sources and Ukrainian legal regulations as a whole. The conclusion is made that international treaties become the sources of civil procedure only concerning the debatable questions in case when the solutions in the proposed regulation differ from the provisions of the existing civilprocedure statute.

Kivalova T.S.
The Some Questions of the Characteristic of the Subject of Liabilities of Compensation of Harm
The article is devoted to the investigation of some questions of the characteristic of the subject of liabilities of compensation of harm. The row of the propositions of application of the active legislation is investigated in this article. The author requires to new qualification of subjects, which are considered in this article. Key words: compensation of harm, liability, subject of liability.

Kolesnikova O.V.
Gnoseological Main Point of Production by Materials before Treal Testing: Byelorussia Experience
The article is devoted to the problem of stage of bringing a criminal action, the treatment of which is the tendency of developing a criminalistic tactics. Opinions of researches about judicial nature and essence of verification at this stage are brought. Actions at the stage of bringing a criminal action are limited by the criminal processual law; besides nonprocessual actions and operative measures are used. Also the different terminology of this stage are brought.

Kondratyuk S.V.
The Ukrainian National Minority in Poland in 20 years of XX century (international legal aspect)
The questions of recognition of right of national minority by international law are considered in this article. The condition of Ukrainian minorities of the East Galichina at the Second Rech Pospolitaya is considered by author in this scientific article. The author lights up the decisions of Paris conference of peace on the occasion the providing with protection of the rights of national minorities by Poland. The author lights up working of the Leaque of Nations and International Tribunal on the occasion providing the rights of minorities.

Krestovskaya N.N.
The Children in Legal Life of Ukrainian Society at the Time of the Middle Ages
In the article the author considers questions about history of childhood. For learning the legal status of children at the middle ages the author considers the main thesises of Statuts of Gerat Litovskiy, Ruskiy, Zhomojskiy princedom.

Kuznichenko S.O., Kashkarov O.O.
The Measure of the Judicial Compulsion which are Provided by the Code of Administrative Legal Procedure of Ukraine
The article devotes to the actual problems of the application of the measure of the judicial compulsion which are provided by the Code of administrative legal procedure of Ukraine.

Losistya I.O.
The Legal Methods of the Signing of the Collective Contracts
The article is devoted to analysis of the legal methods of the signing of the collective contracts. The author requires to the row of the propositions of the perfection of the active ukrainian legislation about work with taking into account the experience of the legal regulation which was agglomerated by international organization of work and devoted to countries of the world.

Mitshenko L.V.
Methodology, Methods of Organization and Realization of Ecological Territorial Audit (Karpaty region)
In scientific article author tells about absence of united methodology of ecological security on state level. The author analysises peculiarities of ecological audit on example Karpaty region, points out formulas, which help determinate anomaus content of soilers. In this article the table of result of analyses of content the main soilers are cited by author. Key words: methods of organization, ecological audit, soilers.

Orlov A.N.
The Ecological Audit – Market Mechanism of Administration Resort Territories of Autonomic Republic of Crimea
Resort territories of Crimea are considered as intricate naturaleconomic complex. Administration this complex is necessary realize with use such market mechanism as ecological audit.

Orlova V.N.
The Legal Defense the Social Health from Ecological Harm – Scientific Object of between Disciplinary Investigation
The complex problems of compensation ecological harm to health of citizen and population with using the materials of investigation in different branch of knowledge: medicine, valeology, medical geography and law are considered in this article.

Parshicheva I.E.
The Constitutional Legal Basis of Rights of National Minorities at the Some Countries of East Europe (comparative analysis)
In the given article the author conducted the comparative analysis of positions of the Constitutions of some European states assigning the legal status of national minorities. A research of positions of the Constitution of Ukraine and laws of Ukraine about legal position of national minorities was also conducted.

Pogorelov E.V.
Law as System (general theoretical aspect)
The generaltheoretical and generalmethodological questions of investigation of problem of systematic characteristics and structural peculiarity of law areconsidered in this article by author.

Pozachenjuk E.A.
The Ecological Examination and Ecological Audit as the Object of the Geoexpertology
The author tells about the necessity of the science geoexpertology's becoming. Geoexpertology on the degree of generalization of heterogeneous materials alikes with prognostication. There are all reasons to consider geoexpertology as new science. The further development helps to improve mechanism of the estamblished development and to improve processes of the noosphere's genesis.

Pozharytskaya I.M.
Types of Ecological Audit
The critical analysis of approaches is conducted to determination of types of ecological audit and developed to classification of ekoaudit on separate signs.

Prisyajnuk A.I.
«Declaration of UNR Diretors»: Hisctoric and Legal Characteristics
The research article is dedicated to analisys of the first constitutional act issued by the Directory «Declaration of UNR Diretors». The author has conducted study of declarative regulations and separate dispositive constitutional and legal regulations of the document. Special attention during research is payed to directions of realisation of state establishment, that are secured in the above act, and also issues of division between legislative and executive authority and problems of citizens legal status determination.

Rishkova O.V.
Responsibility for Infringement Rights of Intellectual Property
On the base of the analysis of the active legislation of Ukraine the responsibility for infringement rights of intellectual property is considered in this article. The author investigates the particular ualities of administrative, civil and criminal responsibility for infringement rights of intellectual property.

Rozumovich I.N.
Ecological and Juridical Aspects of Prejudicial Sanation of Enterprise
The scientific article deals with research of ecological and juridical problems of prejudicial sanation of enterprise. Modern condition of legislation in the sphere of prejudicial sanation and object of heightened danger, in particular are studied, their drawbacks are revealed. The significant place in the article is occupied by the propositions of alternating the current legislation of Ukraine.

Salenkov A.V.
The Some Peculiarities of Realization of Mechanizm of Budgetary Compensation at Payment of the Tax to the Added Cost at Crossing of Customs Order of Ukraine
Article is devoted to questions of realisation of the mechanism of budgetary compensation at payment of the tax to the added cost. In the publication the essence of budgetary compensation are lighted up, its standard fastening is considered and the emphasis is placed on some problems of practical introduction of the important theoretical beginnings, called to improve this mechanism. By consideration of last tendencies in legal regulation of payment of the tax to the added cost at crossing of customs border of Ukraine the accent is became on irrelevance of constant changes of the legislation as it can lead to astable work of the state organs and to reduction of receipts in the state budget.

Saltevskiy M.V.
The Problem of Instrumental Detectorship of Verbal Information
The author speaks about the collecting evidens their fastening their estimation and handingin in beforeatreal proceding and court inquiry. The author makes conclusion that vagueness notion «technical means» can’t be used as logical basis for principle conclusion about their legal status as juridical means of participant of process activities which realize before court and court inquiry. The author doesn’t make stand up task to define notion «technical means» because it is need independent investigation and wide scientific discussion. The author speaks about necessity of the fastening «technical means» in criminal legislation and speaks about problem of their use for receive information.

Skakun Ju.V.
The Legal Problem of Determination of Finance’s Source of Ecological Audit
Necessity introduction ecological audit in the economic activity of enterprise are considered in this article. The author analyses finance’s source of ecological audit. On the base of the results of investigations the concrete propositions on the occasion entering changes at the active legislation, which regulates obliged ecological audit on the Ukrainian territory are considered by the author.

Sonin O.E.
The Court Protection of the Right of Leaves According to Labour Legislation
The problem of the protection of labour rights of the wokers are analysed in the article. The author analyses possibility of the court protection of the worker’s leaves and ways of this protection. The author makes conclutions, that insufficiently only fix this right in law, it is necessary, that was effective mechanism of the realization this right.

Sorokin R.A.
International and Legal Aspects of the Activity of the Crimean Regional Government by Solomon Krym (November 1918 – April 1919)
The article deals with the research on the foreign policy of the Crimean Council of Ministers with Solomon Krym at its head. The author analyzes international contacts of second Crimean regional government with the representatives of England, France and general Denikin, and their legal consequences.

Stastenko I.N., Bashta A.I., Safonov V.A. Kuvshinov V.V.
The Creation of the Clusters " Ekoenergo" as Real Way of the Securing of the Development of the Energy in Region
The results of the statistical and ecological investigations and facilities on introduction of options of NIE in Crimea and Sevastopol are brought. A cluster of "Ekoenergo" is an instrument of largescale inculcation of renewable energy and energosaving technologies.

Taran P.E.
The Methodological Difference Kant’s and Hegel’s Versions of Substantiation of Law
The article analysises the main I.Kant’s and G.Hegel’s methodological difference at philosophy of law. The author contends that Kant and Hegel gave on principle differen substantiation of law: Kant grounds law by moral, but Hegel grounds moral by law, right itself as idea doesn’t demand the substantiation.

Tsakadze N.Ch.
The Problem of Supervision for Observing and Realizing Law (general supervision) in Ukraine
The author considers activity of organs of office of public prosecutor. The problem of public prosecutor's supervision is considered in this article. The borders of public prosecutor's supervision are closely binded with such methods legal regulation as the positive liabilities, permits, embargos. The definit forms of realizing of law correspond to this methods.

Tolochko Ja.N.
Legal Bases of the Public Prosecutor’s Supervision Observe the Law at the Investigation Environmental Crimes
The specialties of prosecutor’s supervision on legality of environmental crimes investigation are examined in article and the ways of its improvement are proposed.

Vetrova N.N.
The Administration of Ecological Security at Region: Ecological Audit, Ecological Monitoring
The main characteristics of the system of administration of ecological security at region are considered in this article. The author marks out role and place of ecological monitoring and ecological audit at mechanism of ecological administration on contemporary stage of functioning of ecologicaleconomic system.

Yatsenko A.A.
The Soviet Power's Activity of Struggle of Falsification of Wine in the 20 years of XX Century. On the Materials of Crimea ASSR
The author analyses regulation of struggle of falsification of wine, production and curculation of this products at the time of "New economic politics". The author investigats general dynamics of changes in Soviet power's activity of struggle of falsification of wine.

Zadereychuk I.P.
The Formation of the Selb Government Bodies by German Colonies in the South of Ukraine of the end of the 18th Century – 1818 years
Annotation: The article deals with the normativelegal basis, which regulates the formation process of the states governing bodies by the foreign colonies in the South of Ukraine. The duties, the powers, the schedule, the offices of charge of foreign settlers in Novorossiysk are also considered in this arbele. The attention is poeyed to the position of General Judge – S.Kontenius. The administrativeterritorial structure of the German colonies is shown separately.

Zakharov D.A.
The Forming of the Views in Connection with Effectiveness of the Appelant Legal Procedure in the Theory of the Home Criminal Process
In this article the author analyses the forming of the views in connection with effectiveness of the appelant legal procedure. The author investigates position of scientists, who lived before Revolution, and when privat basises of lefal procedure were more developmently. This investigation may be helpful for reforming of courtcontrol stages of criminal process. To the author’s mind the most interesting questions of the history of investigation of appellant legal procedure are connected with definition of authorites of the court of the second instance and are connected with definition the borders of court session.

Zajsteva N.A.
The Bank's and State's Credits: Comperative Legal Analysis
In this article author considers bank's and state's credits. The author tries to disciver publiclegal character of relationship of state's credit in comparison with privatlegal natura of bank's credit. Authir tries to separate common features for credit and pecularities of bank's and state's credits.