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Vol. 21 (60), № 2. 2008
Juridical Sciences

Babanin A.A., Morozov I.S., Kuzminsky A.A., Belovitsky O.V.
Brief Historical Essay of Development of Forensic Medical Service in the Crimea
In the article a historical essay about development of forensic medicine and medicolegal examination in Crimea is expounded on the basis of materials of archive of department of forensic medicine of CSMU. Bibliographic information of famous specialists and scientists of the Crimea in area of forensic medicine and also organizers of medicolegal service in our region is presented.

Bojko I.Y.
The Application Magdeburg’s Law in Galichina, when it was in Composition the Poland Kingdom
In the article the author analyses the application Magdeburg’s law in Galichina, when it was in composition the Poland kingdom. The author consideres its meaning for becoming the city selfgovernment of western Ukrainian towns.

Kirichenko V.
The Legal Personality of Customers of the Peasant Land Bank
The legal position of the Peasant land bank’s subjects is analysed in the article. It defines issues connected with the classification of the subjective structure, the organization’s normative legal regulation of the peasant collective subject’s activity of loan legal relationship. It identifies also the legal status.

Red'kina E.N.
The State Conceptions of Local Political Powers in Crimea in May – June, 1918
In the article the author analyses conceptions of the Crimean political powers in the field of statehood. In the process of exploration the author examines basic directions activity of local political powers, and makes a conclusion, that politics of that time put the Crimea on the joint of international conflicts.

Romanyuk L.V.
Peculiarities of State Service Discharge in Ukrainian SSR: Historical Legal Analysis
Complex analysis of theoretical and practical issues is conducted in the article, dedicated to the problem of legal regulation of discharge from soviet state service. Reasons of state service termination and dischargement order of state employees are studied. The author analyses soviet labour law, and also statutory acts, which regulated activity of soviet state employees. Special attention is payed to trade union’s role in the above questions. The author summerizes lack of the legal regulation of soviet state service dischargement flaws, comparative and legal analysis of soviet and current Ukrainian law is conducted.

Shkuratenko E.V.
The Legal Bases of Permission of Territorial Questions in Ukraine in the I Half of XX
In the scientific article the author examines the problems of permission of territorial questions in Ukraine. Opinions of modern historians, legislative acts of that time are analysed in the article, and the factors of settlement of questions of integrity and legitimity of including of westernUkrainian lands in the complement of Ukrainian SSR are analysed.

Anokhin A.N.
Theoretical Points of the Legislative Decisions Framing from the Experience of Contemporary Lawmaking
The problems of the comparative law methodology using in the legislative business are examined in the article. In particular during the framing of the legislative decisions. The normative situation is proposed as a criterion for comparison. The author suggests also to frame the most optimal and practically welltried decisions.

Pogorelov E.V.
The Basic Requirements of Correct Application of Legal Norms (general theoretic aspect)
In the scientific article the author analyses the modern problems of correct application of legal norms. The author examines practical meaningfulness of legal norms, and also estimates the general requirements of correct application of legal norms , talks about the necessity of not retreat from such requirements of legal norms, as legality, validity, justice and expedience.

Pogrebnyak S.P.
Negative and Positive Freedom in Conditions of a Democratic Social Constitutional State
In the article the features of negative and positive freedom are defined and connection between them is demonstrated. The author proves, that freedom in positive and negative aspects is guaranteed in the best way by connection of elements of democracy and social constitutional state in condition of existence of a civil society.

Radzividlo YA. Y.
Radzividlo Methodological Disagreements of Law's Interpretation between Legal Positivism and us Naturalism
In the article methodological distinctions of awareness of legal reality by man are examined through the prism of theoretical and doctrine conceptions of positive right and us naturale. Considerable attention is spared a role a legal norm in an individual psyche, to their connection and fusing with moral, religious and philosophical looks. The process of socialization of personality in modern society are consider the by author.

Skakun О.F.
Institute of Release from Legal Responsibility (theoretical legal and historical legal aspects)
In the article an author examines the institute of release from legal responsibility, his history of becoming and classification. An author pays attention, that this institute is a complex institute, with the structure and different forms of display, closely related to the institute of legal responsibility, occupying the special place in the legal system of society.

Adelseitova A.B.
The Juridical Nature of the Forms Activities of the Supreme Council of the Autonomic Republic of Crimea
On the base of analysis of the Ukrainin legislative are investigate juridical nature of forms activities of the Supreme Council of the Autonomic Republic of Crimea.

Kafarskiy V.
The Legal Questions of Determination of Concept «Political Party»
In the scientific article the author analyses different approaches of determination of concept "political parties", exposes their characteristic signs and the basic requirements which pull out for activity of political parties. The author examines the value of parties for society and exposes the problems of the Ukrainian legislation in relation to political parties.

Kopievskaya О.R.
The Peculiarities of Realization of Cultural Rights and Freedoms of Man in Ukraine
The theoretical and practical problems of realization of human cultural rights and freedoms in Ukraine are examined from the point of legal nature, essence, content and structure of this notion.

Portnov A.V.
The Essence of Procedural Realization form of the Constitutional Legal Proceedings Using Constitutional Jurisdiction
The article deals with the search of procedural form of realization of the constitutional legal proceedings using constitutional jurisdiction, that is its essence and typical features are analyzed. The special attention is payed to the definition of the procedural form of constitutional legal proceedings realization.

Butkevich S.A.
The Administrative Legal Mechanism of the Prevention and Counteraction to Legalization of the Incomes Received in the Criminal Way and Financing of Terrorism
The issues of the definition administrative legal mechanism of the prevention and counteraction to legalization of the incomes received in the criminal way and financing of terrorism, its structure, the precondition of creation and the variants of improvement are considered.

Rudenko А.V.
The Realization of Principle of Availability in the Administrative Legal Proceeding The article is devoted to the analysis of some elements of availability of the administrative legal proceeding, guaranteing free access of citizens to the administrative legal proceeding. In the article attention applies on a reflection in the Ukrainian legislation of norms of international law.

Shklyar T.O.
The Executive Production: Legal Regulation
In the article an author analyses problem questions in relation to the legal regulation of executive production in Ukraine. The author grounds the necessity of clarifications and working out in detail of norms of CAP or Law of Ukraine of "About executive production".

Ablyatipova N.A.
The Problems of the Legal Adjusting of Domestic Forms of Education of Children, Deprived Paternal Anxiety
A concept and essence of alternative forms of education of childrenorphans and children, deprived paternal anxiety after a modern domestic legislation is probed, the comparative analysis of patronage is carried out above children, receiving family and child's houses of domestic type, the features of application are analysed etc.

Donskaya L.D.
The Problems of Reason’s Connection in the Civil Law and the Possible Ways of the Solution of this Problems
The author analyses the conseptions of reason’s connection in the civil law. And at the end, he makes a conclution that the conseption conditio sine gua non is the most admissible and it answeres to conditions of the civil lagislation of Ukraine.

Nekrasova О.V.
The Problems of Supplementary Application of Civil Legislation to Regulation of Domestic Relations
The subject of this article is investigation of questions of mechanisms of civil standards application to family relations regulation and problems of such application.

Bekirova E.E.
To the Question about Determination of Types of Economic Activity, which are Subject Licensing
The article is devoted to the complex analysis of concept of “types of economic activity are subjects of licensing”. The article is considered the criterions on the base of ones the types of economic activity are subjects of licensing

Rozumovich I.N.
The Legal Prombler of Classification of Objects of Enhanceable Danger
The present scientific article is dedicated to review of peculiarities of legal regulation of the issue of division of heightened danger objects into classes. Provision of national legislation and international legal regulatory acts ratified in Ukraine in mentioned field were reviewed and this review has shown differences in legal regulation of this issue. Propositions of introduction of amendments to the existing legislation of Ukraine take important part in the present scientific article

Lukasheva N.N.
Legal Regulation of Gathering of Information about Employees and Conformance Inspection of Employees to the Established Employment Demands
The necessity of differentiation of the allowable limits of the gathering of information about employees depending on public significance of the labor functions, exercised by them is grounded in the article.

Semukhin I.Yu.
The Regional Aspects of Financial Safety of Ukraine: Systemical Modelition of the Budgetary Relationship
In the article the problem questions of budgetary processes and interbudgetary relations are examined in the context of regional directions of providing financial safety of country. Basic attention is spared approach of the systems at description and design of budgetary processes with the purpose of increase of efficiency of functioning of the budgetary system of Ukraine.

Skakun Yu.V.
To the Question about Alternative Sourcings Charges of Enterprises of the Industry of the Health Resort
In the article contains the analysis of legal regulation of financing expenses of recreational enterprises both for the budget of different levels and for the alternate sources of financing.

Orlov А.N.
The Development of the Landed Legislation of Ukraine about Medical and Health Localities: History and Modern Possition
In the article the analysis of the landed legislation is given the USSR and Ukraine about medical and health localities as objects of the legal adjusting, with accordance of the practice of legal application. Legal problems open up and the ways of their permission are offered.

Orlov N.A.
The Forming of Conception of Transition of Ukraine on Steady Development: Ecological Legal Problems
The scientific and theoretical and legal ground of concepts is given in the article: «steady development», «legal providing of transition of Ukraine on steady development». The basic sending of the legal providing of transition of Ukraine is selected to steady development in the field of guard of environment.

Galan V.A.
Participating of International Organizations in the Settlement of Questions of Legal Successive of the States
In the scientific article an author analyses participating of international organizations in adjusting of questions of legal successive. An author examines experience of UNO at the decision of questions of legal successive.

Chertkova I.
The Branchwise Characteristic of the Legal Norms which are Set Down in the Conventions and Recommendations of the International Labour Organization
The conventions and recommendations of the International Labour Organization are examined in the article as well as an attempt is made to determine the branchwise characteristic of the legal norms which are set down in these papers.

Ignatov А.N.
Classification Crimes Committed by Police Officers
Criminal and legal and criminology classification of crimes is examined, organs of internal affairs accomplished workers. Dividing of the indicated crimes is probed into kinds depending on: forms of guilt. connections of criminal act with execution of the official functions a worker OIA. sphere of public relations, in which committed a crime a worker OIA. determining grounds of destructive conduct (aggression, expansion, deception). belongings of subject of crime to one or another service, subdivision of OIA.

Kashkarov O.O.
Analysis of Criminal Legislation of Some European Countries which Sets Criminal Responsibility in the Field of Appeal of Securities
Тhe article is devoted to the analysis of the criminal legislation of the European countries which provides the responsibility in sphere of the manipulation of securities.

Chebotareva G.V.
Law and Order as the Object of Criminal Legal Protection
The article discusses the issues of correlation of such legal categories as “object of crime” and “object of criminal legal protection” and argues that it is possible to recognize law and order as the object of criminal legal protection.

Kitaev N.N.
About Insolvency of «Astrologic Diagnostics» of Serial Killers
In the scientific article an author tells about insolvency of astrologic diagnostics in criminalistics. An author analyses history of astrology in the context of criminalistics and, taking into account the conducted research, offers the point of view in relation to insolvency of criminalistics astrology.

Stratonov V.M.
Concept and Maintenance of Cognitive Activity of Investigator during Investigation of Crimes in the Context of Epistomological Knowledges
Work characterizes cognitive activity of investigator in the process of opening and investigation of crimes. A concept, object and maintenance of cognitive activity of investigator, is exposed. The structure of cognitive activity of investigator and persons, productive an inquest is formulated.

Galkina О.V.
The General and Excellent Lines in Adjusting of Terms of Tax Duty and Terms of Payment of Taxes and Collections Performance
Article is devoted to pressing questions of legal regulation of terms of payment of taxes and dates of performance of a tax duty in general. Thus the accent becomes on various execution of a tax duty depending on a type of tax, specific lines of definition of terms on their separate groups (direct and indirect, income and property taxes, etc.) are allocated. The special attention in the publication is given definition of terms of payment of taxes, basic distinction of legal regulation of their definition at different stages of budgetary process is thus given reason.

Gordin О.Ya.
The Legal Adjusting of Compensation of Tax Value Added
In the conditions of active development of integration processes the taxation gets more and more powerful values for effective growth of economic wellbeing of our state. For this reason it is important to provide the effective and transparent mechanism of payment of taxes, in particular, on a joint of the national and foreign legislation in the light of the international cooperation. The question of legal regulation of budgetary compensation of the tax to the added cost thus occupies key position among other aspects of execution of a tax duty at payment of this tax. In the publication it is analysed a number of the theoretical and practical moments of realisation of this lever, chronological research of changes of the national legislation in this occasion is carried out and separate recommendations about its improvement are offered.

Donets A.G.
To the Question about Possibility of the Real Estate to Be the Object of Agreement of Storage
In the article an author analyses the agreement of storage, namely question of possibility of storage of the real estate. An author examines the basic signs of object of this agreement and draws a conclusion, about possibility of the real estate to be the object of agreement of storage.

Donets O.V.
Some Problem Questions of Determination of Defenition of „an Application of Historical Cultural Lands”
In the article, on the basis of research of scientistslegislators going out from positions of current legislation, a thesis opens up in relation to absence in the operating Landed code of Ukraine of concept of application of historicalcultural lands. The special attention is given classification of scientific looks concerning the normative legal fixing of concept of earths of the historical and cultural setting.

Еl’kin S.V.
Some Aspects of Landscape Approach Application to the Regulation of Land Reform Policy in the Condition of Adaptation of Ukrainian Legislation System to Acquis Communautaire
This article is devoted to the analysis of some aspects of landscape approach application to the regulation of land reform policy in the condition of adaptation of Ukrainian legislation system to acquis communautaire. Apart from, there are some explanations of recommendations existing on National level, State level and local level during research.

Efimov V.O.
Regional Aspects of Custom Law for Chechens of XVXX
In the article an author analyses the regional features of custom law for Chechens. In the article the separate norms of custom law are examined in different regions.

Ivanchenko О.N.
Review of Foreign Legal Doctrines of Conception of the Legal System in the Second Half of the XX
In the article the author examines the legal systems and legal doctrines of statesmen of ХХ. An author accents attention on that legal doctrines constantly changed together with changes which took a place in society. A stable international concord will help to develop the internal legal system on basis of international principles and standards.

Isaev А.N.
Actions and Things as a Subject of Agreement of Talent
The article is devoted to the analysis of subject of agreement of talent. Possibility is considered legally meaningful actions and things to be the independent articles of the examined contractual institute. A conclusion is done in relation to intercommunication of things and actions as aggregate of objects which form the subject of agreement of talent together.

Komilyay Yu.V.
The Common Law as Object of Anthropology of Law
In the article a common law as object of anthropology is examined.

Mamchenko N.V.
Dualism of Absolute and Positive Law: Methodological and Logical Aspects of Theories
In the article the problem of dualism of absolute law and positive law is explored as a major condition of development of theory of law. New principles of realization of aims of absolute law are offered.

Mogila D.V.
Renaming of the Names of Administrative Objects in Crimea as Consequences of Eviction of Crimean Tatars, Bulgarians, Armenians and Greeks, in 1944
The given article relates about the political selfwill of Soviet power of period from the second half of 40th years to the second half of 50th years ХХ of age, that appeared by result of eviction from territory of Crimea of some groups of population in 1944 and liquidation of Crimean ASSR. In times of release of the Crimean peninsula from nemetskofashistskih invaders and in connection with eviction of crimean tatars, Armenians, Bulgarians and Greeks a quantity and structure of population of Crimea changed substantially. To liquidate all, that once reminded about national groups, that once lived on territory of the peninsula Soviet guidance to rename origin the old names which had the tatar, Armenian, Bulgarian, Greek origin on new Russian names. All it was the reason of that Crimea was doomed to become a new powerful military place of arms of Soviet Union.

Movchan А.O.
The Legal Regulation of Special Procedure during Employment Selection
The article dedicated to analysis of legal regulation of special procedure during employment selection. Have been researched some individual special methods of employment selection. Thus, were examined the legal essence of employment competition and polygraph detector using. The conclusions were drawn as proposals to the Labor code project.

Nastina O.I.
Parity of Conditions and Forms of Realization of the Right of a State Ownership on Land in Ukraine
Clause is devoted to the theorylegal analysis of realization of the right of a state ownership on land in Ukraine and research of a parity of the legal forms and conditions, determined by the legislation, of realization of the right of the state land property.

Orlov Y.V.
The Sciences Bases of Methodic of Criminological Expertise of Deeds and their Projects
The article is dedicated to the problem of methodical bail of criminological expertise of laws and its projects. The author has been given the definition of criminological expertise of laws and its projects and proved genetical junction with social expertise. On the base of this the author has been proposed three stadiums: prepare stadium, work stadium and seclusion stadium.

Polivchuk D.P.
The Peculiarities of the Decision’s Making, Concerning the Use of Measures of Disciplinary Influence in the Bodies of Internal Affairs
The article deals with the search of the special stage of the disciplinary behavior in the bodies of internal affairs, which is called the stage of making the decisions, concerning the use of measures of disciplinary influence. The special attention is payed to the main function of the article, and also to the rights and duties of the official search and persons who were the objects of this search.

Reutskiy A.V.
Criminalistics Classification of Crimes in the Field of Making and Turn of Pay Cards
In the article an author probes the looks of scientific on criminalistics classification crimes, gives determination concepts «Pay card» and «sphere of making and turn of pay cards». Pomneniyu of author, crimes in the field of making and turn of pay cards engulf a few varieties of criminal displays, similar on on criminalistly to the meaningful signs, foremost on an object or mean of crime, to the specific of operations with pay cards, features of mechanism of criminal activity and process of следообразования, consequence situations, to accordion on the initial stage of investigation, description of criminals which relate to bank institutions and processing centers etc.

Rudik Yu.V.
The Correlation of Law and State: the Functional Aspect of Cooperation
In the scientific article the author analyses the law and state, compere this notions and makes a conclution that they are different, but they cannot exist separately.

Rudnik D.V.
Question of the Classification of Object of Administrative Delicts in the Field of Issue and Appeal of Securities
The article is devoted to the definition of features of the object administratives delicts in the sphere of securities release and manipulation.

Teremtsova N.V.
Stages and Elements of Budgetary Process in Legal Science
In the article the preconditions of origin and development of budgetary process are considered, a question is explored in relation to notion of budgetary process in legal science, attention is spared to history development of the State budget which has the enough protracted history of becoming and development.

Timoschuk A.A.
The Struggle of Spanish Nations and Historical Regions for Autonomous Rights in Conditions of the Monarchist Restoration of Alfons’s XIII Regime and the Dictatorship of General Primo de Rivera
In the article the author analyses the origin of national liberation movements in Spanish historical regions (Catalonia, Vasconia, Galicia), that appeared as a feedback effect to the centralization politics of Alfonse’s XIII regime and the dictatorship of general Primo de Rivera and were one of the reasons of their ruin.

Tkachenko I.N.
Insignificant and Questionable Transactions: Legal Difference between Concepts
This article describes the legal concepts which are examined as “insignificant and questionable transaction”; the table of distinctions of these concepts and also the features of law applicable norms of the Civil code of Ukraine are offered.

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.

Shamruk А.I.
Correlation of Positions about Obligatory Stake of Inheritance in Russian and Ukrainian Legislations

In the article an author analyses the Ukrainian and Russian legislation in area of inheritance. An author compares the legislative acts of two states in relation to the obligatory stake of inheritance.

Shestak S.V.
The International Experience of Nongovernmental Control over Activity of Police
Normative and institutional aspects of nongovernmental control over activity of police at the international level are considered.