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Vol. 22 (61), № 1. 2009
Juridical Sciences

Anokhin A.N.
Qur'an and Hadith Imam Al-Bukhari on the Merit of Jihad: Historical Legal Aspect
The article examines the fundamentals of military law which are contained in the main sources of Mohammedan law Koran and the hadith collection of Imam AlBukhari. The significance and need of Jihad for the strengthening and expansion of Islam are pointed out. The article also considers conditions of getting the Moslem to take part in the sacred war and negative consequences for those who try to evade.

Veligodskiy D.V.
The Judicial and Law Enforcement Bodies in the System of Bodies of the State Power of S. Krym’s, A. Denikin’s and P. Vrangel’s State Formations
In the article the process of forming of law enforcement bodies in difficult political conditions in the Crimea is explored. The author analyses the system of law enforcement bodies, their composition, structure, status and their cooperation with the bodies of executive power of S. Krym’s, A. Denikin’s and P. Vrangel’s state formations. The special attention is spared to courts, because they have the power to realize judicial autority. The positive and negative experience of activity of the judicial system, office of public prosecutor, organs of pretrial investigation, organs of justice, lawenforcement bodies, advocacy are generalized in this article.

Gladun V.A.
The Legal Enlightenment of Moslem as the Method of the Upbringing in I.Gasprinskiy’s Works
In the scientific article the author analyses the notion “legal upbringing”, its elements and its substance on the base of I. Gasprinskiy’s works. The author considers the system of education, which functioned in that time, and I. Gasprinskiy’s educational reform, that can help to reduce the period of receipt classical Mohammedan education.

Grigor’ev O.M.
The Historical Search of the Problem of Development of the Penitensiarial System and Legislation in Ukraine before 1917
The article deals with the problems of historical search of formation and development of prison’s system, penitensiarial legislation in Ukraine in tfe period before 1917.

Kiselichnik V.P.
The Legal Regulation of the Land Relations at Lviv (the second half of 19 th and the beginning 20 th century)
The legal regulation of the land relations and the participation of the community of Lviv in them in the second half of the 19th and the beginning of the 20th century are researched. The legal and organizational grounds of the land policy of the selfgoverning organs of Lviv and the status of the community as a subject of the land relations are analyzed. The historical experience of governing the lands, the ownership of which is the material basis of the local selfgovernment of the above mentioned period is considered.

Kirichenko V.E.
The Governmental Control for Jointstock and Mortgage Banks in Conditions of the Crisis at the ending of 19 th – beginning of 20 th Century
In the article the practice of functioning of the system of commercial credit on mortgage in Russian Empire in the conditions of the crisis at the ending of 19 th – beginning of 20 th century is considered on the base of the Ukrainian provinces’ experience. The author analyses the problems of state control and influens on the system of private commercial banks with purpose realizing anticrisis measures. In the article the correlation of the public and private beginnings in the functioning of the bank’s system is analysed by the author. The author considers the influens of the financial groups on the activity jointstock and mortgage credit agency.

Kondratjuk S.V.
Seym of the Carpathian is the Mouthpiece of the Ukrainans’ Parliamentary Traditions
On the basis of sources study, the author enlightens realization of the Transcarpathian autonomy constitutional rights, analyses the process of election to Seym, its law – making activity, proclamation of the Carpathian Ukraine.

Latisheva O.V.
The Organizational and Legal Status and Social Functions of the Process of Official Registration the State Insurance Company in the USSR (1921-1925)
In the article the process of official registration of the system of the state insurance in the USSR in 19211925 is analysed in detail by the author. The principles of this system were obligatory and standard for all republics of the USSR. The state monopoly was political and legal base for creation and development of the system of Soviet (state and cooperative) insurance. The unification of organizational forms and principles of activities of the State Insurance Company reflected the constitutional basis of unitary state.

Loboda Ju.P.
The Meaning of the Legal Experience of Lithuanian Period for Growing of the Ukrainian Law Tradition
The author considers the fundamental role of the Lithuanian period for the growing and development of the ukrainian legal tradition. The legal experience, formed in the given epoch, ЛОБОДА Ю.П. 78 was the obvious and irreplacable part for the process of growing ethnical legal stereotype of behavior, which makes the ukrainian people unique.

Staritsyn A.V.
The Characteristics of Scientific Sources which Regulated the Crimean Tatars Service in Military Formations of the Russian Empire (1784 – 1917)
The article is devoted to the analysis of sources which carried out regulation of the Crimean Tatars service in military formations of the Russian empire. The data of statelegal content kept in archives; published normativelegal acts and law applying acts, materials of statelegal content taken from published manuscripts, encyclopedia editions and other reference literature; registers of statelegal content, which were published in newspapers, are characterized in this work.

Timoschuk A.V.
The Problem of the Difinition the Time of the Creation of the Comandand Settled Types of the Statehood
In the scientific article the author considers the problem of the difinition the time of the creation of the command and settled types of the statehood. On the bases of the archeological excavations the author analyses the forms of statehood that were created not only in Ukraine, but in the Europe. And he drows a conclunion tnat the historical development of the manking had already founded the general state genesis at VII VI century B.C.

Mazur A.P.
The Base of Sources of the Exploration of the State and Legal I.I. Petrunkevich’s Opinions
In the scientific article the author analyses the base of sources of the exploration of the political and legal I.I. Petrunkevich’s opinions. The author divides the sources into several groups, points out what documents were a members of each groups, analyses the meaning of this documents for study the political and legal I.I. Petrunkevich’s heritage.

Mazur D.V.
The General and Special in the President’s Powers in the Field of Lawmaking at the Republics with the Mixed Form of Government
In the scientific article the author considers the powers of president in the republic with the mixed form of government in the field of issue of a legal act. The author comperes the powers of presidents in different countries and points out the general and spesial peculiarities of president’s powers in the field of lawmaking for each states.

Magnovskiy I.І.
Constitutional Principles of the Territorial Order of Ukraine: Look of Contemporanenity
The analysis of constitutional principles of the territorial order of Ukraine is carried out and its component elements are reflected.

Tolochko Ia.M.
The Problem of Definition of the Constitutional and Legal Status of Prosecutor’s Office in Ukraine
The constitutional legal status of Prosecutor’s Office has been examined. The conclusion that Prosecutor’s Office is independent structure in the mechanism of state has been formulated.

Ablyatipova N.A.
The Institute of Actual Education in the Family Law of Ukraine
In the article a concept and characteristic signs of institute of actual education is probed after a family law of Ukraine, the property and unproperty relations of actual pupils and actual educators are considered, the features of alimentary obligations are certain at actual education of childrenorphans and children, deprived paternal anxiety.

Bondarenko N.L.
The Principles of Civil Law anf their Role in the Rulemaking and Law Enforcement Activity
The key point outlined the principles in the system of Ukrainian and Belarusian Civil legislation means the recognition of their special role in regulating civil legal relations and makes topical the requirement of more thorough research of the present legal category. Owing to the above the author of the paper sets an objective to work out the authentic definition of the concept of civil law principles and to determine the basic directions to implement civil law principles into rulemaking and lawenforcement activity.

Kroytor V.A.
The Problems of Cooperation of the Dispositive Beginnings and Activity of Court during the Carrying out of the Civil Court Proceeding in Ukraine
The cooperation between the priciples of the civil justice is considered by the author. The author solves a problem of the cooperation of dispositive beginnings and the activity of court during the carrying out of the civil court proceeding in Ukraine. The princeple of the court activity that helping to realize the civil rifhts of Ukrainian citizens and the princeple of tne court control for observing the law demonstrate the cooperation of the princeples of disposition and lawfulness.

Shimanovich O.N.
To the Question about Content of Court Decision in Civil Cases
The article is devoted to the research of content of court decision in civil cases. The author analyses the every part of a court decision, points out the peculiarities and the significance of the each separate part of the court decision in civil cases. The author also formulates the corresponding conclusions and recommendations as far as the guaranteeing of the effective procedure of court decisions is concerned. The refinement of the legislation of the civil procedure is also proposed by the author in the present article.

Dzumageldieva G.D.
The Legal Regulation of National Interests in Production Sharing Agreements
The article considers the factors having both positive and negative effect on the economic security of the state. Expediency of existing construction of subject’s composition in given agreements has been analyzed from view of observing national interests of Ukraine.

Lukasheva N.N.
The Consequence of the Incompatibility of Woker with Demands of the State of Health
In the article the author offers to define the order of the determination of the incompatibility of wokers with demands of the state of health. More over, the author offers to improve not only the legislation connecting with abrogation of a labour contract when the worker doesn't accord with demands of the state of health which advance to his appointment, but the practice of the law enforcement. The problem of the objective aggravation of the wokers' state of health who have attained the retiring age, and the problem of their relieving of office are explored and analysed by the author.

Sonin О.E.
The Judicial Defence of Rights of the Participants of Labour Collective Relations
The article is devoted to the analysis of current labour legislation in the part that concerns to the methods of defence of rights of the participants of labour collective relations. The conclusion that the participants of labour collective relations have right to protection by the court is substantiated. The possibility of protection by the court the rigths of the participants of labour collective relations is analysed by the author. And the author makes a proposal about introduction of changes in the separate acts of legislation for the unsuring of the right to defence of the participants of labour collective relations.

Chertkova I.
International Legal Acts as a Source of Labor Law
The article is devoted to the research of the problem of acting of the international law rules in the Ukrainian legal system concerning labor relations. The author analyses фдіщ a place and a role of international legal acts in the system of sources of the field of labor law.

Khrabrov A.A.
The Tax Law as a Basis for the Regulation of Tax Relationships
The article is devoted to the research of several questions connecting with the regulation of tax relationships, the considerable and important term – the tax law. The article also demonstrates the analysis of the Ukrainian legislation that consist of the contents and principles which are foundation of the tax legal acts. The author analyses the structure of legislative act.

Kulinich P.F.
The Legal Assuring of Land Privatization in Ukraine: Theory, Practice, Ways of Improving
The article is devoted to the exploration of the actual theoretical and practical problems of the legal regulation of the land privatization as a part of the land reform in the modern conditions. The recommendations of the improving of the land legislation are given.

Nosik V.V.
The Juridical Nature of the Constitutional Protections of the Territotial Supremacy of the State in the Ukrainian Land Law
The question of territotial supremacy as the guarantee of assuring of the proprietary right on the land in Ukraine and as the principle of the legal regulation of the land relations are considered in the article.

Rozumovich I.N.
To the Question about the Forming the Legal Mechanism of Consideration the Ecological Demands in the Activity of Heightened Danger Objects
The scientific article is devoted to exploration of the question about the forming the legal mechanism of consideration the ecological demands in the activity of heightened danger objects. The analysis of the scientific works and norms of Ukrainian current legislation in this field is carried out by the author. The term "mechanism of consideration the ecological demands" and the structure of such mechanism are considered in this article.

Belova О.I.
The International Treaty as the Legal Base of the Foreign Economic Ties of Ukraine
In the article the problems of determination of normative state of international treaties in the Ukrainian legislation, determination of their legal force and the cooperation with other international treaties are explored. The necessity of bringing a national legislation and practice of its application according to the legislation of the EU.

Berzin P.S.
About the Some Variants of «Negative Changes» in the Object of Crime
The article is dedicated to analisys of the some types of demnification and extraction of profit, which are components of corpus delict. Some variants of origin of these types are investigational.

Zakharov D.O.
The Correction of Court Errors by the Adopting of Court of Appeal's Decision of Abolishing a Judgement and Warrant of Review
The article is devoted to theoretical and practical problems of the adopting warrant of review which adopt by court of appeal on the base of chekout the lawfulness and reasonableness of the court decisions. The functions, bases and conditions of adopting such decisions and judgements, the possibilities of acceleration of legal proceedings are considered.

Kashkarov А.А.
The Problems of the Definition the Object and Subject of the Crimes that are Stipulated by New Criminal Legal Article in Sphere of the Manipulation of Securities
The analysis of objects and subjects of crimes which are stipulated by new articles of the Criminal Code of Ukraine and new editions of articles of the Criminal Code of Ukraine in sphere of the manipulation of securities is carried out.

Pashnev D.V.,
Rudik M.V. Features of Revealing and Criminally Legal Qualification of Crimes which Encroach on the Computer Information with the Restricted Access
The article is devoted to the questions of special knowledge application while looking into information on computer crime, its precise qualification at the primary stage of investigation as to the separate corpus delicti not authorized distribution or selling of the computer information with restricted access (art. 3612 Criminal Code of Ukraine).

Robak V.A.
Determination Concepts “Death of People” in the Criminal Statute of Ukraine
Determination of concept “death of people”, which is used in a criminal statute, is inprocess analysed. Expedience of the use in one norm of concepts “death of people” and “severe consequences” is also determined.

Skvortsova O.V.
The Peculiarities the Qualification of Official's Activities as the Subjects of Illegal Wood Felling
The qualification this crime as a solitary crime or cumulative crime depends on finding out the such circumstances as the subject of a crime is a private person or official. The ecological crime in public office has higth danger to the community, that's why the questions about the qualification of official's activity as the subjects of of illegal wood felling in the juridical literature and practice are not considered homogeneity. The illegal wood felling is realized by the officials or they issue orders or they aid and abet.

Chebotareva G.V.
The Problems in Identifying the Objective Side of a Crime
The article discusses the general theoretical concepts of the theory of objective side of a crime with the focus on the systematic connections of the objective side of the crime and other component elements of a crime. The author offers her own definition of the objective side of a crime.

Arhipova A.H., Kitaev N.N.
The Actual Questions of the Forensic Medical Examination in the Cases when the Corpse of the Victim is Missing
In this article authors talk about the possibilities of the situational forensic examination, when the main subject of the study the corpse of the victim is missing. The Authors set out the possibilities of a new forensics’ technology of the skeletal end burned human's remains, give examples of the expert's practice in modern Russia.

Gubanova E.V.

Social Demographic and Behavioral Features of Rape Victim: Victimologic Aspect In the article, the victimologic analysis of rape victim is given and influence of victim on the committing of crime is determined. The socialdemographic features of rape victim are considered including sex, age, education, intellectual level, reputation of woman. The forms typical for raping of victimologic behaviour and character of relations between a criminal and his victim are analysed.

Kobets A.V.
The Problems of Prosecutor's Supervision over Abidance by Laws in the Sphere of Environmental Protection
In the scientific article the author considers the problems of prosecutor's supervision over abidance by laws in the sphere of environmental protection, points out what ways the prosecutor's supervision is realized and gives the recommendations of improving the practice of the prosecutor's supervision.

Amelchenko Y.A.
The Complex of Ways of Crimes Prevention
The article is dedicated to the research of definition and features of ways of crimes prevention. The exact ways of crimes prevention are opened. The realiization of ways of crimes prevention is discovered. The conclusion is made that prevtntion of crimes is the most effectual by realization of the complex of ways of crimes prevention.

Bedriy M.M.
The Becoming and the Legal Nature of Communal Courts of the Nonstate Society of the East Slavs
In the scientific article the author author considers the problems of the becoming of communal courts of the nonstate society, analyses their legal nature and meaning for the forming of the Ukrainian nation.

Bogustov A.A.
To Question about System of Private Law in Poland
The article is devoted consideration of question of existence of dualism of private law in Poland. Existence is analysed in the modern legal system of Poland of signs, testifying to the presence of dualism of private law. On the basis of the conducted research drawn conclusion about impossibility of confession of commercial law as the independent field of law in the legal system of Poland.

Borisov D.O.
The Legal Principles of Taxation of the Executors of Programs of the International Technical Helping in Ukraine
In the article the status of executors of the programs of international technical helping is examined in a context acts of Ukrainian legislation. Legal principles of taxation of executors of realization of the programs of international technical helping which is got by different institutes in Ukraine are analysed.

Butkevich S.A.
The Responsibility for Infringement Counter Laundering Legislations in the Countries of the CIS and Baltic
The efficiency of measures of the prevention and counteraction of legalization (laundering) of the incomes received in the criminal way, directly depends on their legal maintenance, and also the legal responsibility for infringements in this sphere. The administrative and criminal antilegalization legislation of the countries of the CIS and Baltic are considered, offers on use of the best practices of these countries in the legislation of Ukraine are brought.

Goncharova H.A.
The Usage of Network during the Clearing and the Investigation the Crimes
Internet is modern inform space, which become alternative of the mass media and can be used by polices in it investigations.

Lyashenko R. D.
The Functional Purpose of Presumptions in the Law
In article the author investigates generaltheoretical problems of functions of presumptions in the law, that means their role, tasks and value for the law. The separate attention is given to the analysis of functions of presumptions in procedural activity.

Mamochka V.V.
The Ways of Improvement of the Institute of Local Self Government in Ukraine
In the scientific article the author examines the modern problems of institute of local selfgovernment in Ukraine and analyses the ways of improvement of the institute.

Melnichenko B.B.
The Democratization in Postcommunist Countries at the Turn off the 80–90
Beginning with «revolution epoch», the 20 th century finished with «democracy epoch». Revolution, as the only active means of social and national forces releasing, that dominated within the whole last century, was subsituted by democracy revolutional development.

Obolesheva O.E.
Debts Collecting of Bills of Exchange Contain Endorsement without Recourse
The analysis is conducted of current legislation and judicial practice that regulates procedure debts collecting of bills of exchange contaion endorsement without recourse. Propositions are entered for removal problems and disagreements, which are discovered.

Rudiy N.Ja.
The System of Supervisory for the Carrying out Guardian and Curator's Duty in the Properly thoroughly in the Galichina (the first part of XX th century)
The article deals with a system of supervisory and control bodies that monitored the activity of guardians and curators of property in the Galician society of the first half of the 20th century. Research is based on the archive materials and this clearly provides an opportunity to better understand the advantages and disadvantages of supervision and control over custodial activity of that time.

Skurikhin S.M.
The Functional Aspect of a Legal Culture of Military Men
As a result of research functional characteristics of legal culture of military men were allocated. The given characteristics deepen understanding of the legal phenomena existing in armed forces, allow to consider negative tendencies, to introduce timely corrective amendments and to promote strengthening of a mode of the law and order in military collectives.

Strakhova S.V.
Criminalistics Aspects of Proving on Criminal Cases about Murders, Accomplished with the Special Cruelty
The signs of the special cruelty are examined as an element of corpus and article of proving delict in matters about intentional murders, criminalistics and evidential information generators about the special cruelty in a method and situation of feasance of murders, intention of guilty person, practical recommendations over are brought on tactic of setting and leadthrough of examinations at investigation of criminal cases about murders, accomplished with the special cruelty.

Timchenko A.V.
The Theoretical and Practical Problems of Current Ukrainian Legislation
The article deals with problems of theoretical and practical character, which are connected with the forming and realization of Ukrainian legislation. The main attention is devoted to the problem of defining „legislation”. The examined problems are connected with Ukrainian legislation. The conclusions are formed according to these problems’ solving.

Timoschuk A.A.
The Peculiarities of Concept Category System of Historical Legal Research of Autonomous Regional Formations of the Spanish Statehood
In the article the concepts and categories that connect with the descriptions of forms of the state structure of the autonomous regional formations of the spanish statehood such as "unitary state", "centralized and noncentralized state", "region", "autonomy" are considered. The author also analyses the concepts that connect with social formations which were made during the general evolution of society, such as "people", "nation".

Tkachenko I.N.
Terms are Legal Notion, Legal Category and Legal Concept and their Differences (on the example of norms of the Civil Code of Ukraine)
This article is envisages the differences terms legal notion, legal category and legal concept and also the features of applicable norms of these terms on the example of norms of the Civil code of Ukraine.

Trofimov S.A.
Issues of the Day in the Field of Realization of Custom Procedures on a Marine Transport and Ways of their Decision
In the article the value of custom procedures opens up on a sea transport. The special attention is spared the issues of the day in the indicated sphere, and also the ways of their overcoming are offered. The necessity of allotting of custom organs of Ukraine is grounded by plenary powers to carry out operatively-search activity and grants by him status of law enforcement authority.

Khudoba V.N.
The Source of Civil Procedural Law: Notion and Meaning
The article is dedicated to the urgent matter – the source of civil procedural law, its notion and meaning. The author gives an account of his research of the scholars’ opinions on the problem, provides the analysis of the modern condition of the legislation, marks out the general and the specific features of the sources of civil procedural law, and defines the notion of source of civil procedural law as well as formulates its meaning.

Shestak S.V.
The Organ of Local Self Government as Subject of Nongovernmental Control over Activity of Police
In the scientific article the author examines the problem of nongovernmental control over activity of police , which is carried out by the organs of local selfgovernment. The author analyses the modern state of such control and formulates recommendation of improvement of plenary powers of organs of local selfgovernment in the field of control over activity of police.

Shukovskay А.V.
The Common Characteristic the Legal Guarantees in the Bringing of Ukrainian Citizens to Administrative Responsibility
The common questions the legal guarantees in the bringing of Ukrainian citizens to administrative responsibility. The essence, concept and peculiarity of legal guarantees in the bringing of Ukrainian citizens to administrative responsibility is investigated. The importance legal guarantees in the bringing of Ukrainian citizens to administrative responsibility are considered, their classification is executed.