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Vol. 23 (62), No. 1. 2010
Juridical Sciences

Ryskildiyeva L.T.
The Ideological Basis of the Juridical Deontology
The fundamental problems of deontology are concerned – foundation and justification. The comparison of juridical, medical and pedagogical deontology and the reconstruction of the key moments of the deontology’s history were maid.

Kashenko S., Lotakov A.
«The Statement of Fact the Laws of the Ottoman Dynasty» by the Husein Khezarthen
«Statement of fact the laws of the Ottoman dynasty» – one of the works of famous Turkish author of the second half of the seventeenth century. It is an important source of medieval history of law in Turkey, gives a concrete idea of this law, evidence of its features and development trends, the ratio of the Shariah and its state law.

Anokhin A.
Regulating Gift in the Koran and the Hadith of Imam Al-Bukhari
These basis contain in the main sources of Muslim Law such as Koran and collection of Imam al- Bukhari's hadith. Significance and necessity of the contract of donation is shown for consolidation of property relations in comunity. Conditions and requirements of this contract and prohibitions related to it are discussed in the article.

Latysheva E.
The Normative Legal Regulation of the Soviet Insurance Scheme in the 1920-1930 yrs. (the Historical Aspect)
The article is dedicated to the analysis of the normative legal regulations that were used to control the soviet insurance scheme in the 1920 – 1930 yrs. On this basis the resumptive conclusions about the structure of such a system, formation and work of the bodies of state insurance are drawn.

Mamchenko N.
Moral and Ethic Matter of the Legislation of Ukraine
This article presents an attempt to analyse the moral and ethic matter of the legislation of Ukraine, the influence of moral standards on the matter of legal norms; proposals for the perfection of the legislative actions by means of bringing them to conformity with the moral requirements are grounded in the article.

Seryogin A.
The Teaching of Ilyin A.V. about the Predeterminacy of the Form of the State Government in Russia by the Peculiarities of the Sense of Justice of its Nation
The article presents the analysis of legal and political views of the Russian philosopher and jurist Ilyin A.V., whose works are the classics of the monarchic political doctrine and explain the peculiarities of the perception of power by the Eastern Slaves. Therefore they are quite useful for the modern scientists and statesmen of Russia and Ukraine in search of the optimal modernization of the political systems.

Shklyar T.A.
Economic System as Factor of Determining the Circle of the Subjects of Law and the Matter of their Rights and Duties in the Economic Sphere
The article is about general theoretic analysis of the one direction of the economic system influence on the legal one, and, in particular, it describes the definition of the subjects of law, who are the subjects of economical system at the same time, their rights and responsibilities content in economical sphere.

Zozulja O. I.
Trends of Modern Formation of Financial base of activity of the Apparatus of the President of Ukraine
The analysis of the practices and the dynamics of actual budget financing the organization and activity of the Apparatus of the President of Ukraine was made, was determined its directions, content and features, also was exposed the reasons and prospects development of funding support of the activities of the President of Ukraine.

Yarema A.
Cessation of Legal Relationship as Method of Protecting the Civil Interest
The article is dedicated to the analysis of such method of protecting the civil law as the demand of cessation of the legal relationship. Proposals for lawmaking and law enforcement are made and grounded on the basis of the legislation currently in force and scientific works connected with the problem considered.

Donskaya L.
Casual Connection between Breach of Duty and Damages
The author of this article analyses the problem of casual connection between breach of duty and damages on the basis of the current legislation and the investigations that earlier existed in general theory, criminal and civil law, and on this ground sets forward proposals for correcting the dominant concept of casual connections.

Semenova K.
Legal Status of Sides of Agreement of Reinsurance
The problems of legal status of sides of agreement of reinsurance are examined in the article. Questions, related to opening of maintenance of legal capacity, are analysed, as one of elements of legal status of sides of this agreement. Separate attention is spared consideration of features of government control of activity of subjects of agreement of reinsurance, in particular to the problem of licensing of realization of reinsurancing activity.

Shimanovich O.
The Legal Peculiarities of the Consideration by Court the Cases Connected with Recognition of a Natural Person Missing and Announced him to be Dead
The article is devoted to the research of the legal peculiarities of the consideration by the court cases connected with the recognition of a natural person missing and announced him to be dead. To be more concrete, the issues of cognizance are researched, let alone people who can be declarants. The subject of evidence, the order of preparation of current cases for legal consideration, court decision and action of the court in case of appearance of the person who had been recognized missing or announced to be dead.

Sonin O.
Demand of Discharging the Responsibilities in Kind as a Method of Protection of Labour Law
In this article the proposal of supplementing the range of methods of protection of labour law established by the effective legislation and by the demand of discharging the responsibilities in kind on the basis of the current labour laws is made and proved; the matter of such a demand is defined in the article.

Shesteryakova I.
The Influence of the International Labour Standards on the Labour Law of Russia
The article is dedicated to the analysis of the influence of the international labour standards on the labour law of Russia and the collisions that may arise in connection with this. Propositions as for the law making and law enforcement connected with the examined subject.

Yeryomenko V.
Collisions between the Acts of International Law and Regulatory Legal Labour Acts of Ukraine
The problem of collisions between the acts of international law and regulatory legal labour acts of Ukraine are analyzed in this article. Besides, the numerous theses of the convention of the International Labour Organisation and other international treaties of Ukraine are analyzed, the ways of solving the collisions arising between these treaties and the acts of the national law of Ukraine are proposed.

Inshin N.
Types of Civil Service
In this article the types of civil service are determined; the need for legislative settlement of this question is proved. The author examines civil and military services separately and determines their signatures and differences. Also, the views of scientists on these questions are analyzed.

Vavzhenchuk S.
State Protection of the Constitutional Labour Rights as an Obligation of the State that Arises from the Beginning of its Activity
Vavzhenchuk S. State protection of the constitutional labour rights as an obligation of the state that arises from the beginning of its activity

Kazanchan А.
Concept and Types of the Pension Providing of Citizens in Ukraine
In the article examined and investigated pension providing, his connection with pension insurance. Other terms are subject an analysis and comparison, in particular pension payments, pensions, cash disbursement, indemnifications. Classification of types of pensions is offered.

Lukash S.
To the Problem of Labour Relations of the Employees of the Internal Affairs Bodies
The article is dedicated to the analysis of the problem of branch membership of labour relations of the employees of the internal affairs bodies. The theses of the legislation in power and scientific researches having relation to these topics are analyzed in the article. The proposals for law making and law enforcement are made.

Lukasheva N.
The Requirements Connected with Necessity of Trust to Workers
The necessity to establish in the Labour Code a statement in that the execution of certain types of work implies trust to the employee of the owner or the body authorised by him is grounded in the article. The circle of employees that should enjoy the confidence of the owner or the body authorised by him should be determined taking into account the needs of public relations.

Popov S.
Legal Responsibility of the Employees of the Internal Affairs Bodies of Ukraine
The problems of legal responsibility of the employees of the internal affairs bodies of Ukraine and correlation of the category of legal responsibility with the adjacent legal categories are examined in this article.

Potopakhina O.
Social Service Institutions for Orphans and Children Deprived of Parental Care
In the article analyzes the theoretical and practical problems of legal regulation of social service institutions for orphans and children deprived of parental care. The basic form of social service institutions for orphans and children deprived of parental care, to identify institutions for orphans and children deprived of parental care and types of social services that they provide. Substantiated specific proposals and recommendations to reform the system of institutions for orphans and children deprived of parental care and the practice of providing social services.

Butkevich S., Kolomiets I.
The Organizational and Legal Basis of Activity of the State Committee for Financial Monitoring of Ukraine
In the article the preconditions of occurrence, becoming and development national division of financial investigation as specially the representative to enforcement authority on questions of financial monitoring are considered. The foreign experience in this sphere on the basis of which offers on increase of efficiency of activity of the State Committee for Financial Monitoring of Ukraine are developed is analyzed.

Zozulja I. V.
Reforming of System of the Ministry of Internal Affairs of Ukraine: Possibility of Correction of Organizational-Legal Errors
The committed organizational-legal errors connected with creation of the special Commissions are shined earlier – is advisory-advisory bodies at the President of Ukraine who was charged with the working out of some problems of reforming of system of bodies of the Ministry of Internal Affairs of Ukraine. Offers on creation of the non-departmental Center under the decision of problems of reforming of system of the Ministry of Internal Affairs of Ukraine are brought.

Popovich E.
To the Question of the Activity of the Procuracy Bodies in Ukraine
In this work the problematic issues of the activity of the procuracy bodies in Ukraine re examined. Proposals for law making and law enforcement are made and proved on the basis of the analysis of the current legislation and scientific research.

Usenko E.
The Procedural Regulation of Tax Disputes
Are investigated to jurisdiction and jurisdiction procedures of the permission of tax disputes. It is underlined that norms which regulate the permission of tax disputes complex legal institute which has developed on border financial and administrative law.

Nosik V.
Problems of Realisation of the Constitutional Guarantee of Indestructibility of the Subjective Property Right to the Earth in Ukraine
The article reveals the legal signs fixed in the Constitution of Ukraine guarantees the inviolability of property rights to land and features of the legislation constitutional norms, principles to ensure the inviolability of the subjective rights of land ownership in Ukraine.

Kulinich P.
Legal Policy of Ukraine in the Sphere of Agricultural Land-Use: the State and the Ways of Perfection
The development of legal policy of Ukraine in the sphere of protection and use of agricultural land is analyzed. It is proofed that within legal land policy state food function is being implemented with damage to its land protection function. The proposal on improvement of state legal policy in the sphere of agricultural land use on the basis of balance of food priorities and ecological imperatives are formulated.

Yelkin S.
Legal Nature of Landscape in the Context of Correlations of Land, Lands, «Lot Land», Landscape and Steading
In this article the following questions are considered: сorrelation of key categories of land and environment laws in Ukraine; legislative condition of this area, legal nature of landscape as a component of the legal regulation of lands, as signs of concept lands and lot land; defined legal signs of terms such as «land», «lands», «lot land», «landscape» as well as their general lines and differences from point of current legislation and doctrine.

Rozumovych Y.
Legal Meaning of Ecological Certification of High Danger Objects
The article is dedicated to the analysis of the role of ecological management in the work of high risk locations. The scientific elaboration of this sphere and the theses of the national legislation and international legal acts confirmed by Ukraine are examined; loopholes in the legal adjustment of this question are determined. The proposals for the alteration of the current legislation of Ukraine are featured in this article.

Skakun Y.
To a Question on Improvement of the Mechanism of Collecting of the Land Tax in Recreational Sphere
In nhe paper the analysis of legal regulation of collection of the land tax in territories of recreational appointment, including granting of privileges on a payment for the earth contains. Besides, in article from the ekologo-legal point of view the most sharply standing questions connected with use natural and creation of artificial beaches are considered.

Truba V.
The Ecolaw Adjusting of Innovative Activity in Ukraine
The theoretical and practical problems of the legal adjusting of innovative activity in Ukraine and conforming to of innovative products the requirements of ecolaw are analysed in the scientific article. The theoretical and practical problems of the legal adjusting of innovative activity in Ukraine and conforming to of innovative products the requirements of ecolaw are analysed in the article. Concrete suggestions and recommendations of relatively modern negative influence to economic activity of domestic enterprises are grounded on the state of natural environment.

Koroleva-Borsodi N.
Legal Status of Foreign Citizens and Stateless Persons in the Swiss Confederation
The questions of the foreign citizen’s and stateless people’s status, the rules of their entry and departure, stay and settlement on the territory of the Swiss Confederation are examined in the article on the basis of the analysis of the current Swiss legislation and legal international documents. The bases and types of foreign citizen’s and stateless person’s legal liability for the violation of the above-mentioned rules are separately described.

Grigoriev A., Soloviev N.
To the Problems, Concerning Social Works as the Way (type) Kind of Punishment in the Criminal Cool of Ukraine
The article deals with the problems of lack of use of punisment in the way of community works by the courts. The static data, conserning the A R C also given here.

Denisov S.
The Recurrent Criminality of Youth
The article is devoted to the analysis of recurrent criminality of youth. It is analyzed, due to what recurrent criminality is multiplied criminally active part of young people . The primary ways of counteraction recurrent and criminality of young people are indicated : realization of large-scale support from the side of the state and society, organization of public inspection, counteraction negative behavior of youth, which provoke criminal behavior of recidivists.

Emelianenko V.
Partnership in Illegal Mastering by a Vehicle
The questions of misappropriation of a transport vehicle, the approaches to settle the questions connected with recognition or non-recognition of the accomplice of misappropriating a transport vehicle and with the qualification of the accomplices’ actions are examined in the article.

Samoylova E.
Peculiarities of the Object of Crime Contemplated by Article 333 of the Criminal Code of Ukraine
In the article the object of the crime stipulated by the Article 333 the Criminal Code of Ukraine (order breach of international transfer of goods which are subjects to the state export control) is considered. The object structure of the mentioned crime is examined, the place of the Article 333 in the structure of the Special part of the Criminal Code of Ukraine is determined.

G. Chebotareva.
Failure to Provide Health Assistance by a Medical Employee: Problems of Criminal and Legal Characteristics of Objective Crime Attributes
The author offers her own definition of the direct object of a crime, foreseen in article 139 of the Criminal Code of Ukraine, and discusses the signs of objective side of this crime

Archipova A., Kitaev N.
Historical Casuistry of Judicial-Investigatory Errors on Cases about Murders «Without a Corpse»
Article is devoted to historical casuistry of judicial and investigatory errors on cases about murders «without a corpse» when the victim later was found out alive.

Borodin V., Borodin I.
Several Aspects of Cooperation between Investigator and Workers of Criminal Search
Authors are examining the row of questions theoretical and practical nature in cooperating relations between investigator and workers of criminal search at investigation of crimes in the investigator-operative group. The basis of scientific researchers were served sum positions as domestic, so foreign scientists of criminal law, and also statistical information, got as a result of questionnaire of investigators and operative staff of organs of Main Board of the Ministry of internal affairs of Ukraine in the Autonomous Republic of Crimea.

Mikhaylov M.
Legal Regulation of the Turnover of Fingerprint Information
Because of absence of the national law for the registration of a fingerprint, nowadays international experience in that field ,comparative law of CIS analyzing, the concept of exchange of fingerprint information is defining. The inevitability of widespread introduction of this method stressed, with all that arising the need of strict observance of human rights.

Robak V.
Determinants of Organized Criminality on the Example of the Autonomous Republic of Crimea
Determinants which occupy an overwhelming place in existence and development of the organized crime on territory of the Autonomous republic Crimea is analysed in the article.

Khalilev R.
The Detail the System of Principles of Operatively-Search Policy on Counteraction Criminality on Soil of Ethno-Religious Contradictions
In the article in detail the system of principles is examined operatively-search to activity in accordance with operating normatively-legal by acts in the field of national safety and law-enforcement activity. An analysis over of scientific looks is brought to essence, value and classification of principles operatively-search to activity. Own author classification of principles is offered operatively-search politicians on counteraction criminality on soil of ethno-religious contradictions.

Barannick I.
On the Concept of Analytic Work of the State Department for Citizenship, Immigration and Registration of Physical Persons
The article is dedicated to the analysis of the concept of analytic work of the State Department for Citizenship, Immigration and Registration of physical persons. On basis of the analysis made, the proposals for the definition of this concept and improvement of activity covered by it are made and proved.

Greydin O.
The Parties to the Contract of Securities Trust Management
There is the range and the role of the parties to the Contract of securities trust management in article. The author determines their legal status.

Dudarev D.
Some Problem Questions of Introduction of Legal Precedent of the European Court of Human Rights in Ukraine
The article examines legal nature of legal precedent European court of human rights and necessity and problem questions of introduction in a national judicial legislation.

Zalozniy N.
The Theoretical and Legal Definition of the Concept of the Resort
The article analyses the theoretical and legal approaches to the determination of the resort. Also in the paper the different views of the scientists on the matter are examined in detail and their influence on the lawmaking activity and law enforcement practice in and around the resort building are determined. There was made an attempt to analyse the modern approaches on the matter, their approbation concerning to the current legislation, and prospect of the further lawmaking development.

Ivanova O.
Emergence Prosecutors Supervision in Tauridа
Article is devoted to the issue emergence and development of prosecutorial oversight in Tauridа. We consider the activities of the Tauridа provincial prosecutor based on a study of archival materials and documents.

Kornienko D.

Concept and Directions of the Organisation of Activity of Divisions of Internal Security OIS on Safety of Employees OIS
Article is devoted research of concept and directions of the organisation of activity subsection-ny of internal affairs on safety of employees OIS. On the basis of the spent analysis offers on improvement of legal regulation of the relations arising in the course of such activity are put forward and proved.

Mazurik E.
Interpendent Persons in System of the Obliged Subjects of the Tax Relation
The problems of legal status of sides of agreement of reinsurance are examined in the article. Questions, related to opening of maintenance of legal capacity, are analysed, as one of elements of legal status of sides of this agreement. Separate attention is spared consideration of features of government control of activity of subjects of agreement of reinsurance, in particular to the problem of licensing of realization of reinsurancing activity.

Pasechnik O.
Actual Problems of the Land Reform in China
Research article is devotred to the process of the land reform in China. The author has studied and analyzed the basic preconditions of its implementation and implementation stages. The article discloses the implications of land reform in China, given the statistics for higher growth rates in agriculture.

Petrosyan V.
Utilization of the Resources of other Law Enforcement Agencies by the Tax Police to Reveal the Information Resources Crimes
The peculiarities of using data retrieval systems and other information resources of other law enforcement agencies for revelation of the crimes connected with non-payment of taxes.

Pykhovskaya A.
The Emergence and Establishment of the Judiciary in Tauride
The article deals with the emergence and development of the judiciary in the Tauride with their education to the existence of judicial reform in 1864. The emergence and establishment of the judiciary in Tauride happening under the law of the Russian Empire. It was part of nationwide judicial system. Carried out in 1864, judicial reform has led to the restructuring of the judiciary in the province. The implementation of the judicial statute of 1864 was completed n 1869 and the judicial system in the province did not change until the events of 1917.

Revin К.
Historiography of Problem of Origin and Activity of Spiritual Courts in the Tavricheskoy Province
In this work an author first gave it a shot analysis of historiography of problem of origin and activity of spiritual courts. The considerable array of historical and historic-legal literature on issue, wrap-round works from middle of ХIХ to beginning of ХХIth, is studied.

Romanenko G.
The Customs Prototypes (the Customs Blueprints) as a Reference Point for Modernisation of Customs Service of Ukraine
The article is devoted research of one of standards of not only activity of organs of custom service but also custom organs. Offered to application in a narrow enough sphere the custom prototypes of ES are widely widespread and in other spheres of international and intergovernmental relations. Separate attention is spared the model of legislation, which must create a legal environment both for economic operators and for custom organs.

Rzhepetskaya K.
The State of Court Personnel as a Factor Influencing the Efficiency of the Administrative Legal Proceedings
The problem of administrative court proceeding personnel security as a factor that influences on the effectiveness of citizens rights and fundamental freedoms protection from unlawful actions and decisions of public manegement is risen in this article. According to the research of the main components of administrative court proceeding personnel security the shortages and contradictions existing in this sphere are revealed.

Strel’nikova I. Y.
The Legal Status of the Plenipotentiary of People’s Commissariat of Foreign Affairs of the Soviet Union under the Rule of the Ukrainian Socialistic Soviet Republic (1923 – 1929 yy.)
The legal bases of the functioning of the Plenipotentiary of People’s Commissariat of Foreign Affairs of the Soviet Union under the rule of the Ukrainian SSR, order of his appointment, competence and also the structure of the Administration of the Plenipotentiary of People’s Commissariat of Foreign Affairs of the Soviet Union under the rule of the Ukrainian SSR are investigated. The attempts of the Ukrainian SSR to strength the rights on the legal level of the Plenipotentiary of People’s Commissariat of Foreign Affairs of the Soviet Union under the rule of the Ukrainian SSR wider rights are highlighted.

Teremtsova N.
Topical Questions of the Legal Basis of the Budgetary Processes in Ukraine and Canada (comparative aspect)
Legal basis of the budgetary processes in Ukraine and Canada are examined in this work. The proposals for improving the quality of the budget legislation of Ukraine are made by means of comparing the legal adjustment of budgetary relations in these countries.

Khudoba V.
Explanatory Statements of the Plenum of Supreme Court on the Problem of Statutory Regulation
The article is dedicated to investigation of the legal importance of the explanatory statements of the Plenum of Supreme Court of Ukraine, particularly to the degree of their obligatoriness for the lower courts while deciding certain types of cases. Broad analysis of the scientists’ positions, judicial practice, and the presentday legislation was made while drafting the article. The author proves the impossibility of finding the explanatory statements of the Plenum of Supreme Court in the system of sources of Ukrainian law as a whole, and consequently – in the system of sources of civil procedural law, in particular.

Shamruk A.
The Basic Problems of Inheritance under the Law in the Ukrainian and Russian Legislation
Article is devoted studying basic inheritance problems under the law on materials rossijs and the Ukrainian legislation. Results of research are offers on sover-shenstvovaniju legal regulation of hereditary relations in both states.

Shigonin A.
The Concept of Intentional Homicide Connected with Violation or Violent Satisfaction of Sexual Desire in an Unnatural Way
The article is devoted the analysis of objective and subjective signs of intentional murder attended with raping or satisfying with of sexual passion an unnatural method. Problems, related to attributing criminally of punishable acts to this category of crimes and the concept of this crime is given, are considered

Shukovskay A.
Common-Legal's Basses the Analysis of Circumstances, Eliminating a Production in Matters about Administrative Misconduct
Measures of circumstances, eliminating a production in matters about administrative misconduct. Their legal nature and kinds is probed.