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Vol. 22 (61), № 2. 2009
Juridical Sciences

Anokhin A.
Religio-Legal Foundations of Warfare in Quran and al-Bukhari’s «Sahih»
The article is examined the religio-legal foundations of warfare by muslims which contain in Quran and al-Bukharis «Sahih». The special attention devotes to the rules and tactics of war, requirements which apply by soldiers in military campaigns. The commander’s role is shown on the example of prophet Muhammad in army's controling organization..

Veligodskyi D.
Mal’ceva E. Features of the Legal Adjusting of Collaboration Ukraine with NATO in 1991-2004
In this work some problems are investigated: search of the model of development of Ukraine in the field of international safety, history of forming our state relations and NATO; the legal texts base of adjusting of their collaboration in 1991-2004 is probed.

Zadereychuk I.
The Reform of the Administrative System of the German Colonies of the South of Ukraine in 1818: Historical-Legal Aspect
The article deals with the administrative systems reform of the german colonies in the South of Ukraine, which took place of in 1818. The article reveals the preconditions of realization of this reform, the staff of bodies organized, their rights and powers. The way colonial bodies interaction with local state institutions is studied.

Zmerzlyy B.
The Political Documents of RKP (б) (VKP (б)) Becoming Ideological Basis of Legislative Base on Business of Adjusting of Religious Communities in the USSR (1920-1930th)
The political programs of RKP (б), appeals, secret and secret correspondence, orders and orders, related to one or another aspect of activity of religious organizations in 1920-1930th, are examined in this work

Kondratiuk S.
Legal Status of Local Self-government Bodies under Poland’s Constitution of 1935
Аnalyzed in the article are the main principles of Legal Status of Local self-government bodies system which entered into force after adoption of the new constitution of Poland (Druga Rzecz Pospolita). Also, described are main normative Legal acts which had a substantial impact on the interpretation of self-governmental institutions in the new Constitution, and determined other constitutional Limits of their validity and development

Latusheva Н.
State Property Insurance in the Rural Regions of Ukraine in the Period of New Economic Policy: Historical and Legal Aspect

In the article, historical and juridical peculiarities of introduction and realization of property insurance in the Ukrainian villages are analysed and priorities are determined. The special attention is given to the amount of the concluded insurance policies, receipts from the exacted , and also to the of socio-economic efficiency of salary sacrifice insurance for agriculture.

Makarov Р.

Monetary Funds of the Criminal Origin Legalization: Historical and Legal Aspect

The article is devoted to historical and legal research of the origin and the extension of money of the criminal origin laundering legalization, the points of definition of the notion and the problem of legal treatment of this social phenomenon for the world community are examined.

Mikhaylov M.
Tactical and Forensic Analysis of Kolchak's Interrogation
By examining stenographic records of meetings Extraordinary Commission of Inquiry on the Kolchak's case, that took place in in January and February of 1920 in Irkutsk, its attempting to analyze tactical and procedural side of interrogation, the professionalism of the committee members and the purpose of interrogation, as well as a kind of protection that is chosen by arrested and reasons for his frankness.

Окipnyuк V.
The Ground of Policy of the Soviet Power during the Period Collectivisation and the Body of the State Political Board
In article research of a ground policy Soviet vla-sti in collectivisation and голодомора is carried out. Conclusions about various functions of bodies of the State political management in realisation of such policy become and proved.

Rubanik S.
The Concept of the Conctitutional State in Russian Political and Legal Thought in first half of XIX Century
The sources of ideology and practices formation in the Decembrist movement in Russia and influence on the views of its leaders among North American and Western European political and legal thought and the movement of Masons are considering. activities of Masonic lodges among the Decembrist movement in the territory of Ukraine is analyzed.

Grobova V.
The Constitutional of Principle for Equality of Women’s and Men’s Rights in the Light of Adaptation in the Legislation of Ukraine to EU Legislation

The analysis of positions of legal certificates of the European Union in sphere of gender relations is made; the basic directions in which frameworks the policy of gender equality. The conclusion is drawn on necessity of the prompt adaptation of the legislation of Ukraine to EU legislation, considering practical character of efforts of the European Union on a way of overcoming gender Inequalities

Taran P.
The Non-Violence Policy in the Context of Legal Philosophy
This article concerns the 20-th century’ experience of non-violence policy regarded as the material for the legal philosopher. It concludes that the idea of non-violence is very fruitful for the teleological aspect of legal philosophy, this idea can incorporate two concepts – the concept of aim and the concept of mean.

Khavadzhi D.

Deportation: Theoretical-Law Aspect and Understanding Model of Researching
This article is devoted to theoretical - law aspect and understanding of the problems of deportation.The auther suggests the issue of problems of deportation, according to the modern Ukrainian law sciens.

Magnovskiy I.

Autonomous Republic Crimea: Prospects of Reforming of an Adminismtrative-Legal Status of a Territorial Autonomy
The basic ways of reformation of administration and legal status of Autonomous Republic of Crimea are considered, certainly main prospects of this process.

Iarema A.
Protection of Right to Damage

In the article the problem questions of the application of civil legislation dispositions of Ukraine concerning damage are put. The interpretation of legislation dispositions are given. At that the author bears in mind the impermissibility of ignoring of the letter of the law and inadmissibility of such court decision makings that could conflict with the principle of law supremacy. The offers which can be used during the law enforcement and lawmaking are also proved.

Donskaya L.
Causal Relationship at Transportation Institute
The author analyzes a relationship of cause and effect at transportation institute. Formulates corresponding conclusions and recommendations concerning modification of separate articles of the special statutory acts regulating transportation.

Krat V.
The Foreign Experience in State Registration of Immovable Property
In the article the author examines the formation of state registration of real estate in the world and its current status in individual states. During the study examines the system of state registration of real estate in Germany, France, Australia, England and USA.

Semenova K.
Civil Responsibility by Contract of Reinsurance
In the article the problems of civil responsibility are examined by contract of reinsurance. Questions, related to establishment of essence of civil responsibility, are analysed, as a legal consequence of breach of contract of reinsurance. Separate attention is spared consideration of such specific approval, applied for violation of conditions of the contract of reinsurance, as a refuse of reinsure is in realization of insurance payment.

Koval V.
Interpretation of the Dispositions of the Economical Code
This article defines a subject of regulation of the economic law by interpretation of dispositions of the Economic code which are devoted to the subject of regulation. At the same time the author admits, that relations, which are adjusted by special positions of the Economic code, do not exceed the bounds of a subject of the economic law, even though these relations aren't settled by formulations of the Economic code which define the subject of regulation.

Rotan V.
Influence of the Labour Law on the Organization of a Society

In this article the problem of influence of the labour law upon the rationalization of organisation of a society as one of the remote consequences of action of norms of this law branch is posed. The author tries to outline a way of radical strengthening of action of the labour law for the purpose of the overcoming the disorganization of a society. Measures of the establishment of an adequate control over the labour activity are offered. In particular it concerns officials of state machinery with the purpose of rationalization of the organization of a society.

Sonin O.
Methods of Protection of the Right on Establishment of Underemployment

In the article the analysis of active acts of legislation is accomplished. On the basis of this analysis the author formulates and grounds suggestions of the improvement of labour legislation, including types of demands which can be declared by workers in a court in case of breaching their right on establishment of underemployment.

Yeryemenko V.
Notion and Application of the Principles of Labour Law
The principles of labour law are considered in the article as the most generalized normative positions which cannot be used in the contradiction to special rules which are formulated in documents of the same hierarchical level, as documents which establish this principles. Also the author pays attention to a principle of supremacy of law which has the highest validity and on association of elements of a normative regulator and declaration in the principles of labour law.

Inshin N.
The Classification of Legal Guarantees of Service-Labor Activity of Civil Servants
In order to clarify the system of legal guarantees of service and employment of public servants in the articles offered little meaningful criteria for the classification.

Losistya I.
About Individual Questions of the Conclusion of Collective Agreements
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.

Chertkova I.
Increasing of the Labor Law Importance as a Display of the Private Tendency in the Labor Law
The article is devoted to the analysis of the increasing of labor law importance as a display of the private tendency in the labor law. In particular, the author expounds the results of the analysis of the law enforcement and lawmaking aspects of this problem.

Eremeev D.

Administrative Responsibility for Corruption Offences: a Current State and Improvement Prospects
In the article a modern legislation Ukraine is examined and recent changes are analysed to him in relation to administrative responsibility for corruption offences, some problem questions of his application are determined and the ways of their decision are offered.

Skakun Y.

Ways of Legislative Improvement Ukrainian Local Tax System
The work is written on basis of the analysis of national taxation legislation and other normative acts, which are connected with local taxation.

Romanuk L., Pasechnik O.

The Making and Essence of Judicial Proceedings as a Leading form of Citizens' Rights Protection
The article is dedicated to the establishment and functioning of administrative courts in Ukraine. The author analyzes practical examples of foundation and activity of administrative courts in Ukraine and other countries, conducts an analysis of "administrative justice" and "administrative judicial proceedings" concepts, uncovers the essence of administrative judicial proceedings in Ukraine and its role as a self-consistent form of justice.

Rudenko A., Trofimov S.

Appointment of Judges to Administrative Posts: Problems and Ways of their Decision
In article development of an appointment procedure of judges on administrative posts of the chairman of the court and its assistant in independence of Ukraine is analyzed. The special attention is given to definition of conformity of such procedure to norms of the Constitution of Ukraine and it is underlined ways of overcoming of problems to the given sphere.

Rozumovych Yr.

Legal Meaning of Ecological Certification in Objects of High Danger Activity
The present article is dedicated to review of legal significance of ecological certification in objects of high danger activity. Role of ecological certification is designate, offer of assumption of legal act over indicated problematic.

Sal’man I.
Method of Legal Regulation of Relations of the Property and Using the Earth

The historical aspects and features of institutes of the property right and the right of use of the earth are considered. The attention to the competence of enforcement authorities and the higher officials in the decision of a question of competency of the enterprises, establishments and the organizations in agrarian sector concerning independent possession, using and the order by the ground areas. Use of methods of legal regulation in this sphere is recommended further to co-ordinate with structure of participants of thus relations.

Galan V.
Community of Independent States as a Regional Organization for the Settling of State Succession Issues
In this article following issues are disclosed: the practice of participation of CIS as an international organization one of the main functions of which is settling questions rising around succession of states in the succession of states of CIS.

Berzin P.
Consequences as Element of Compositions of Crimes in the Field of Economic Activity: Basic Aspects of Legal Technique
The article covers the research of aspects of elements of the crime’s composition in the field of economic activity in particular the consequences of crime. This subject definitions of specific attributes of concepts «causing damage», «detrimenting» and their ratios are lead. Author’s definition and a concrete definition of damage in the crimes in the field of economic activity is offered.

Bugayev V.
Place of Appropriation, Peculations of Property and Pernancy by him by Cumshawing in the System Crimes against a Property
The problems of development of criminal-law norm, foreseeing responsibility for an appropriation are examined in the article, peculation of property or pernancy by him by cumshawing in a historical retrospective view, its legal essence and place in the system of crimes against property of operating UK of Ukraine.

Butkevich S.
The Legalization (Laundering) of the Incomes Received in the Criminal Way as a Legal Phenomenon
In the article the preconditions of occurrence, the further development and ways of the prevention and counteraction of legalization (laundering) of the incomes received in the criminal way, as to a legal phenomenon are considered. Offers on increase of efficiency of struggle against legalization (laundering) of money resources and other property, received by criminal way.

Gubanova E.,

Panov S. Prostitution Legalisation: Pro's and Con's

The article is devoted to the analysis of the problem of possibility of legalisation of such social phenomenon as prostitution. Destructive factors of prostitution and possible conditions of its legalisation are considered.

Gumin А.

Struggle against a Narcotism, as the Reason of Criminal Violent Behaviour

Based on an analysis of the leading research scientists in the field of criminology, the author made a comprehensive analysis of the problems of preventing narcotics enforcement bodies, as a circumstance that affects the violent criminal behavior to determine the essence of the phenomenon and the priority of such warning.

Emelianenko V
Повторность как квалифицирующий признак незаконного завладения тра- нспортным средством
In article questions of qualification illegal завладений transport sreds-tvami, соверщённых repeatedly are considered; offers on addition of the item of item 185, 187 KK of Ukraine are made.

Skvortcova O.

The Circumstances Excluding Criminality of Illegal Felling of Wood

In the article, extreme necessity, execution of order or instruction, and the act connected with risk (or justified ecological risk) are analyzed as the circumstances excluding criminal nature of illegal felling of timber. Their attributes are formulated. Influence of the given circumstances on assessment of limits of the criminal liability for illegal felling of timber is designated.

Biriukov V.

Geotechnologies. Their Use in the Information Support of Investigations of Crimes
Essence and maintenance of the geographic information systems is analysed in the article, directions of their use in activity of militia. Author determination of concept of the geographic information systems of militia is given.

Bugayev K.
Organizational and Methodical Bases of the Technical Criminalistics Maintenance (on an example of investigation of the crimes connected with illegal circulation of narcotics)
The author researches structure of an organizational element and a methodical element of scientific maintenance of investigation of crimes (on an example of investigation of the crimes connected with illegal circulation of narcotics). The author also researches problems of selection of employees in police and problems of methodical maintenance of investigation of crimes.

Saltevskiy M.
The Problem of Instrumental Detectorship of Verbal Information in Legal ExpertiseThe Methods of tool-contact and non-contact-technical detection of the person`s memory traces, possibility`s of applying modern scientific discoveries in the investigation of crimes, the problems arising on a way of introduction new technical methods in a practice of strife against criminality are considered in article.

Stratonov V.

The Place, Role and Limits of Criminally - Remedial Informative Activity
The paper characterizes the place and role of the cognitive activity of the investigator in the investigation of crimes. The author reveals various forms of qualitative character, that can help to get close to the truth knowledge. A new edition of rules of criminal procedural legislation relating to evaluation of the results obtained in the process of proof.

Bezbrazhnaya Ye.
To the Question on the Beginning of State - Legal Regulation of Reserved Buisiness in Askania - Nova (1919-1929)

In work the questions connected with sources of the nature protection legislation of the Soviet power are brought up. In detail processes of state-legal regulation of reserved cases are considered in Askania-Nova during the period with 1919 for 1929.

Glynska S.

On the Employment Relations and its Place in the Structure of Labor Law
The issue of expansion of labour legislation on employment relations is a subject-matter of the article. Three groups of relations on employment depending on subjects of such relations are analyzed. The conclusion about expansion of labour legislation only on relations of employment between a future employee and employer is reached.

Greydin O.

Civil - Law Characteristic of Contract for Commercial Papers Trustworthy Control
There is the civil-law characteristic of Contract for Commercial papers Trustworthy Control in article. The author determines its concept. It’s analyzed the features depending with the use of the law of financial investment.

Dodi K.
Some Problems of Legal Qualification of not International Confrontation
This article explores one of the important problematic matters of the modern theory and practice of international humanitarian law. This issue concerns the qualification of non-international armed conflicts and determination of bodies authorized to qualify such kind of conflicts.

Zlobina E.
Organizational - Legal Problems of Overcoming кризисна земельних Relations in Autonomous Republic Crimea in Aspect of Displays of the Organised Crime
It deals with organized crime as one of destabilizing factors of intensifying of the landed relations is considered in the Crimea. The attention is drawn to change of the organized crime system, basic its progress and appearance of new system signs trends. It deals with influence of the organized crime on the different spheres of public life.

Miroshnichenko U.

Correlation of the Organization and Tactics of Proceeding of Criminal Cases
The article researches problematic questions that criminalistic tactics possesses in the organizing court hearings on criminal cases. The notion of organizing court hearing on criminal cases from the point of criminalistic tactics is based on the analysis of these relationships through the levels of whole judicial proceedings organizing.

Nukhina P.
Ukrainian Ground Universals of the Kozatsko - Hetman Period

In article research of the Ukrainian ground universales of the kazatsko-hetman period is carried out. Conclusions about legal value of ground universales during the specified period, and також about their historical value become.

Pivovarov S.

Personnel of the Kerch Commercial Court
In this work, on the basis of the wide use of original sources the personnel of the Kerch commercial court, methods of his completing, education, is set, competence. The questions of leadthrough of выборов of members of court and problems related to it are examined.

Pylypenko Kh.

The Classification of Employers as Participants of Legal Labour Relations
In the article the classification of employers as participants of legal labour relations is carried out. In particular, it is specified on possibility of the use of classification for the regulation of the legal relations improvement of relations between a employee and employer, that, in the turn, should promote of efficiency of legal status of participants of these relations.

Pushkarev V.

The Principles Providing Free Movement of the Goods between EU Member States
The аrticle is devoted studying of principles with which one of the basic freedoms of «the uniform market», namely free movement of the goods is provided. Position of constituent contracts, judiciary practice, norms of certificates of the secondary right of EU is analyzed. Out existing basically free movement of the goods of an exception are found

Rusanova S.

About Local Government Self - Regulation
It deals with origin of self-regulation organs of local-authority are examined during realization the local self-government, which arises up due to absence the social order from the members of territorial society. It is conducted the analysis of correlation as concepts of management and local self-government as general and its part.

Sarana S.

The Tax Law as Means of Regulation of Relations in Taxation Sphere

In article the concept and signs of the tax law, and also its place of system of tax laws of Ukraine is investigated.

Sinkevitch D.

Features of Research of a Criminal Cold Steel

In this article an author expounds the point of view concerning the complex of basic problems with which the employee of expert establishment clashes at research of plain weapon in general and criminal plain weapon in particular, and also expresses the most optimum methods of decision of these problems.

Ternitsky S.
Maintenance of a Preparatory Stage of Carrying out of Competition on Replacement of Posts of Civil Servants

Such elements of procedure for replacement of posts, as stages, terms, subjects and decision-making which are well co-coordinated with positions of the Law of Ukraine «About public service» are considered. It is offered to raise objectivity of carrying out of competition on replacement of posts of civil servants by representation of publicity of its results.

Shershnyova V.
Inquiring Situations in Tax Crimes Investigations

In the article it is analyzed the concept and essence of inquiring situations in investigation of tax crimes, considered the consequences which influence the character of inquiring situations, elicited typical inquiring situations, displayed some measures as to the organization of criminal evasion investigation from taxation.

Shestak S.
The Principles of Non - Governmental Control over Activity of Police in Ukraine
In article principles of not state control over militia activity in Ukraine are considered. Offers on improvement of mechanisms of not state control over militia activity are developed.

Shukovskay A.

In Relation to the Decision of Material Administrative Guarantees of Legality of Bringing in of Citizens to Administrative Responsibility
The questions of feature concept, maintenance and legal nature is certain of material administrative guarantees of legality of bringing in of citizens of Ukraine to administrative responsibility.