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Vol. 23 (62), No. 2. 2010
Juridical Sciences

Kaschenko S.G, Taran P.E.
The State - Constitutional Building in Ukraine during the First Period of Existence Central Soviet (March-October, 1917)
After February revolution in Petrograd in 1917 at russian part of Ukraine national-liberation movement has amplified and Ukrainian Central Soviet has arisen, in the beginning as public organization, which has soon turned to an imperious representative body of the Ukrainian nation. Its activity in March-October 1917 on restoration of Ukrainian autonomy as a part of the Democratic Russian Federation and counteraction to it of the Time Russian government is considered in article. It is a question and of those regulatory legal acts which have been published by UCS in sphere of the state building and had the constitutional value.

Zmerzly B.V.
Method and Prospects of Research of Soldiery and Naval Courts in the Tavricheskoy Province (end ХVIII – ХХ вв began.)
In this work an author first gave it a shot analysis of prospects of study of problem of origin and activity of soldiery and naval courts. The considerable array of historical and histori literature is analysed on issue, funds of record office of Autonomous Republic Crimea, basic directions and scopes of research of the indicated theme are offered.

Adelseitova A.B.
The Legal Nature of Conflict as a Legal Category in the Context of the Development of Ukrainian Legislation
The article examines the legal nature of the conflict as a legal category, analyzes the features of conflict of laws requiring improvement at the present stage of development of Ukrainian legislation.

Veligodsky D.V.
The Crimean Autonomy in ХХ st: the Historian and Legal Problems of Becoming
Stages of origin, formation and development Crimean autonomism are considered, legal base of functioning is investigated and the essence of all models of statehood of Crimea from 1917 to 2000 is defined. The general characteristic of the modern period in the history of the Crimean autonomy which was characterized by active definition constitutionally-legal status Autonomous republic Crimea as a part of Ukraine is given.

Maltsevа E.V.
Theoretical Problems of Research of a Modern European Car-Nomizma and a Regionalism
Autonomism and a regionalism is investigated as decentralization forms on the base of transfering of imperious powers and functions to independent structures.Theoretical and practical aspects of autonomism on the European continent are being developed.

Mikhaylov M. A.
F. Koshko and his «Sketches of the Criminal World of Russian Empire»
The article deals with the life and activity of the Head of the Criminal Investigation Department of Russia who by a twist of fate ended up in Vrangel Crimea and became an emigre as well as with the publication in France of his «Essays on Tsarist Russia Criminal World» the interest in which was sparked in his Motherland only now.

Strelnikova I.Yu, Pogorelov E.V
Local Customs in Modern Law Ukraine
Analyzes civil, family, economic laws of Ukraine of custom recognition source of law. Defined types, characteristics, conditions of application of customs in modern realities and its place among other sources of law in Ukraine.

Taran P.E.
Political and Legal Foundation of the Ideology of Despotism
This article gives a reconstruction of the ideology of despotism. Its ground statements makes possible to legitimate and validate the despotic type of government. This legitimation has the germaneness with the juridical positivism, paternalism and etatism.

Tluschak Yu.M., Tluschak O.Yu
The Fiscal Functions of Officials in the Russian and Ukrainian Hetman Lands in the IX – the first half of XVIII Century
This article investigates the fiscal functions of officials in the Russian and Ukrainian lands in the IX — the first half of XVIII century., the dynamics of the content of these functions, as well as fulfilling the terms of their personalities.

Shklyar Т.O.
The One Direction of the Economic System Influence on the Legal One
The article is about general theoretic analysis of the one direction of the economic system influence on the legal one, and, in particular, influence of economic activity on the content of legal activity.

Belova O.I.
The Problems of Legal Regulation of Regime for Foreign Investment
The problems of law regulation of procedure of foreign investments are analyzed in the article. The expediency of the definition of careful order of legalization and carrying out of registration of foreign investments is examined, disadvantages and strong points of the legislation of Ukraine in the field of foreign investment are revealed here.

Koval V.M.
Application by Economic Courts of Analogy of the Right to Disputable Legal Relations
Economic courts apply analogy of the right to property offences in area of managing on the basis of a part of 2 articles 8 economic codes, and to public offences - on the basis of a part of 7 articles 9 codes of administrative legal proceedings which extend on economic legal proceedings by way of analogy the law. The differentiated regulation analogues of the law is unjustified, that requires respective alterations in the legislation. Application of principles by way of analogues of the law does not exclude their direct application.

Kostruba А.V
Civil Legal Relations and Stopped Legal Facts in the Mechanism of the Legal Adjusting
The article is devoted to the problem of research of mechanism of the legal adjusting of public relations, and also one of its elements – legal relationships. An author examines the legal relationships through the prism of juridical facts, in particular – discontinuing.

Rotan V.G.
The Project of Labor Code of Ukraine and the Problem of Staff Management
In article the problem of a content and borders of the right of the employer on management of the personnel in a view of positions of the project of the labour code is investigated. The offers which have been directed on more appropriate legislative settlement of attitudes concerning legal forms of use of a labour are stated and prove, definition of a content of labour function of the worker, moving and translation of workers, cancellation of the labour contract.

Sonin O.E.
Compensation of Physical Injury as a Mean of Protection of Personnel Labour Law
Article is devoted to a background of expediency of fastening in certificates of the legislation on work of such way of protection of the labour rights of workers, as the requirement about compensation of a material damage. The circle of conditions of the application of such requirement in protection of the broken right is defined, as well as offers by definition of the size of damage a subject compensation are resulted.

Потопахина О. Н.
Social Defence of Children-Orphans and Children, Deprived Paternal Care : Concept and Kinds
The concept of social defence of children-orphans and children, deprived paternal caring is analysed in the scientific article, essence of additional social defence of children-orphans and children of deprived paternal caring. Forms and types of social defence of children of orphans and children, deprived paternal care, and also different points of view are investigated in relation to forms and types of social defence of children orphans and children of deprived paternal cares, existing in legal literature.

Goncharuck O.A.
The Basics of the Administration and Legal Regulation of the Custom Authorities of Ukraine
In the article the theoretical aspects of forming and development of customs legislation of Ukraine, which relates activity of organization and improvement of custom control, namely a post-clearance auditbased controls. The analysis of features of the administrative-legal regulation of activity of customs according to requirements of the international legislations carried out.

Dovgan O. I.
Principles of Quality Management Systems in the Work of Internal Affairs of Ukraine
The principles of quality management systems and their relate to the principles of management bodies of internal affairs and the principles of their activities are considered; the list of them is given in accordance with the transformation and adaptation to existing control system by the internal affairs of Ukraine.

Zozulya I. V.
About Moderation and Validity of Initiatives on Reforming of System of the Ministry of Internal Affairs of Ukraine
States recently put forward by a management and the Ministries of Internal Affairs of Ukraine separate initiatives on acceleration of course of reforming of system of the Ministry of Internal Affairs of Ukraine are considered, the critical analysis of their moderation and validity proceeding from an estimation of real possibility of their today's realization and readiness of perception is presented by law-enforcement bodies.

Romanyuk L.V.
A Description of Certain Elements in the Process of Enrollment in State Executive Authority Bodies
The article covers analysis of various elements in the process of enrollment in state executive authority bodies. The author studies due orders in which probation and probation periods are to be established for state service enrollment, analyzes the basic requirements of designees for state service in executive authority bodies, reveals the essence and definition of personnel reserves in state service. The article analyzes legal relationships which arise in the course of accepting for employment in state service and a summary on possible improvements in effective state service legislation is offered.

Nosik V.
Land Law in the System of Private and Public Law of Ukraine: The Theoretical and Practical Problems
In the area of land relationship regulations, privity, natural-resources and ecological relations, economic relations, constitutional regulations, administrative and other relations, the theoretical bases and practical aspects of the modern legal essence of the land law in term of its correlation and interface with public and private law are considered.

Elkin S.
The Landscape Category is in the Land and Ecological Law of Ukraine and Other Countries
In the article, the questions of definition and development of the «Landscape category» of Land and Ecological Law of Ukraine and other countries in the context of comparative legal analysis are considered.

Sydor V.
Codefication of the Land Legislation of Ukraine as One of Directions of its Development
Codefication of the land legislation of Ukraine as the deepest form of systematization of the land legislation is examined in the publication, because its connected with processing, change, improvement of maintenance of the legal adjusting of the land relations. Codefication of the land legislation of Ukraine must serve to strengthening of legal principles of public life, its purpose is development of not only the land legislation of Ukraine but also all system of domestic law.

Truba V.
To the Question of State Responsibility Aspects of Understanding of the Ecological Human Rights
In a paper investigates the international legal aspects of environmental human rights. Analyzes the main stages in the development of environmental human rights in international law, as well as the sovereign right of States to exploit their natural resources and environmental obligations set out at the international level, the procedure for exercising this right of the State in national law through the consolidation of a broad system of environmental rights and responsibilities of citizens.

Bugaev V.
Criminal and Legal Maintenance Apropriations, Property Regulations or Taking Possession by him by Official Abuse Position
In the article research of compositions of appropriation, property peculation and taking possession is conducted by him by official abuse the position of criminal and legal maintenance of signs characterizing his elements.

Butkevich S.
The Counteraction to Financing of Terrorism and Legalization of the Incomes Received in the Criminal Way (on Materials of the Kirghiz Republic)
In the article the legislation and system of bodies of the Kirghiz Republic which carry out measures in sphere of counteraction to financing of terrorism and legalization (laundering) of the incomes received in the criminal way, and also the responsibility for infringement anti-legalization legislations are considered.

Grodetskyi Yu.
Voluntariness as a Sign of Voluntary Abandonment
In the article the problem questions of decision of maintenance of voluntariness are examined as one of signs of voluntary renunciation. The decision of this sign is formulated taking into account knowledges of psychology and criminal law. Questions are probed about confession of refuse voluntarily in the case of stopping of crime under act of fear to be detained and in case of occurring of circumstances which can prevent completion of crime.

Gubanova E.
The Ways of Adaptation of National Criminal Law to the Norms of UN Convention against Corruption
In the article, the analysis is done of some terms and concepts, used in the International conventions against corruption and their inconsistency to some concepts of the national criminal and preventive jurisprudence.

Skvortsova O.
Problems of Construction and Application of Sanctions of Clauses for the Certain Types of Economic Crimes in the Current Criminal Legislation of Ukraine
In the article, regulations of current criminal legislation of Ukraine are analysed in the part of construction of sanctions of clauses for the certain types of economic crimes; the problems of application of these sanctions and possible ways of their overriding are investigated on the basis of generalization of materials of judicial practice.

Trofimov S.
Teoretiko-Legal Bases of Development of Administrative Law are in the Aspect of Counteraction Terrorism
In the article the role of administrative law is analysed in counteraction terrorism, the component elements of mechanism of the administrativno-pravovogo adjusting open up in this sphere. The special attention is spared the necessity of introduction of administrative responsibility for offences in the field of counteraction terrorism.

Arkhipova A. , Kitaev N.
About Attempts of Implementation of means in Modern Criminalistics
The article reviews scientific relevance and practical effectiveness of the invention registered in Russia. It is «Way of establishment of death of a missing victim». Similar aspects of patent claim on location establishment of a living person (or his/her corpse) are being researched. Critical analysis of the material studied is given.

Alexandrenko O.
Basic Difficulties of the Crime Investigation of the Serial Kills
The article is dedicated to consideration of difficulties at disclosing and investigation of serial sexual murders. The circumstances complicating work on affairs of the given category are considered, the committed investigatory mistakes are generalized, examples from investigatory practice are given.

Berzin P.
The Problems of Ordering of Separate Kinds of Institute of Clearing of Punishment and its Serving behind Criminal Law of Ukraine
The аrticle is devoted research of features of ordering of kinds of institute of clearing of punishment and its serving. The maintenance of criteria of such ordering is defined.

Moiseenko G.
The Legal Status of the Lawyer in the Criminal Court
In the article the author suggests his own version of the legal status of the lawyer preliminary investigation and in the court, in the basis of which lies the presenting of the interests of the client in the legal way and by legal means in the preliminary investigation and in the court.

Reucskiy A., Zakharov D., Ruban Y.
The Peculiarities of an Investigation Officer's Organization and Coordination, during Crime Investigation in the Area of Payment Transaction
In article sights of scientists at the organization and coordination of actions of the inspector are investigated, defines a parity of these concepts, opens forms of coordination, the basic directions of activity and a problem of departments on struggle against offences in area of intellectual property and high technologies, created at a regional level in structure of regional managements (department) ofPublic service on struggle against economic crimes. In opinion of the author at investigation of crimes in area of manufacturing and a turn of payment cards the interoperability of the inspector with supervising bodies, establishments of National bank of Ukraine, commercial banks, processing the companies takes on great significance.

Stratonov V.
To the Methodological Problems of Criminal Theory of the Cognitive Activity
The main idea of the work is the metods research in the investigator's knowledge activity marked with accumulated regularities within the practical application of the modes while investigating a case.

Khalilev R.
The Place Operative-Search Policy in the Legal Policy of a State
In the article a value and place of operative-search policy is investigated in the system of legal policy of the state. Author determination of operative-search policy is given in the field of counteraction to criminality on the basis of ethno-religious differences, its essence, signs and maintenance.

Yurchenko L.V. Dudarev D.S.
Powers of the Supreme Court of Ukraine to Review Court Decisions on Criminal Cases
The article reviews provisions of the Law of Ukraine «On the Judicial System and Status of Judges» for review of court decisions on criminal cases by the Supreme Court of Ukraine. The authors offer ways to improve the judicial system of Ukraine, based on current legislation and the general direction of judicial reform.

Amelchenko Y.
International Mechanisms of Money-Laundering Prevention
The author reveals the issues of prevention of money-laundering in Europe, the USA, China, Russian Federation, Ukraine. The author conducted a comparative study of national mechanisms to prevent the moneylaundering. Examined the causes and conditions of creating a single global system to monitor the movements of criminal capital, discovered the participation of Ukraine. Concluded that in different states enacted a uniform mechanism for the prevention of money-laundering. Showd the process of creation and functioning of institutions of international cooperation, their goals.

Bakhrieva Z.
Termination of the Insurance Contract and its Consequences
The article investigates the reasons and consequences of termination of the insurance contract. Measures are proposed harmonization of conflicts between the existing legislation regarding regulation of relations in connection with the termination of the insurance contract.

Ivanova O.
Archival Sources about the Interaction between the Tauride Province Prosecutor with the Ministry of Justice of the Russian Empire
The article deals with the question of interaction Tauride provincial prosecutor with the Ministry of Justice of the Russian Empire. We consider the circular orders the Minister of Justice Tauride provincial prosecutor, the provincial attorney in criminal and civil cases and the country attorney, the activities of the Tauride provincial prosecutor, his statements of the Minister of Justice based on a study of archive materials and documents.

Klimenko M.
Administrative Justice as a Form of Property Rights of Citizens in Ukraine
The article is devoted the question of functioning of the system of administrative courts in Ukraine. Practice of activity of administrative courts is analysed in Ukraine and other states, essence of the administrative legal proceeding in Ukraine and his role opens up as an independent form of justice in the state.

Mityay E.
Peculiarities of Legal Regulation of Liability for Violation of Contracts Concluded with Consumers
The Law elaboration regulating the contractual relations broaches the issues of the responsibility and the means of the legal protection against non-fulfillment or the improper execution of the contractual liabilities. It is necessary to take into account the on-going tendency of working-out the terms and breach of the contractual duty if Ukraine really tends to keep to its commitment to order its national legislation in accord with the EU one.

Novikov М., Оnchurova О.
The Concept of the International Information Security in Decisions of the International Forums
Article is devoted to research of problems of the international information security. On the basis of carried out research conclusions and offers concerning the basic directions of improvement of the national legislation prove, in a particular-implementation of norms is international-legal certificates.

Nozrina T.
In Rekation Questions to Legal Adjusting of Control in the Field of Government Service of Ukraine
Considered questions are about the legal adjusting of control in the field of government service of Ukraine. The methods of improvement of the legal adjusting of state-official relations and organization of government service are investigated.

Pasechnik O.
Legalize and Market Development of Land Use Rights in China
The scientific article is devoted to the analysis of right of the market land use in China, the elucidation of methodological and practical aspects of the application of foreign experience in Ukraine. The author has studied and analyzed the features of the use land system in China. The article in detail examined the legal acts regulating right use of the market for land. The author analyzes the success factors of legalization and development of the land rights use in China.Based on the experience of China the author invited number of measures for the effective regulation of the land use rights in Ukraine.

Revin К.
Dispatch of Marriage-Domestic Businesses Spiritual Courts in the Russian Empire
In this work an author studies history of dispatch of marriage-domestic businesses spiritual courts in the Russian empire. The considerable array of historical and historical and legal literature on issue, wrap-round works from middle of ХIХ to beginning of ХХI th, is investigational., and also the archived documents and materials.

Sannikova M.
To Determine the Basis of Classification of Acts and Declarations and Declarative Binding
This article examines such actual problems of the theory of law, as the improvement of the classification of sources of law and regulations in particular, due to the continuous spread in our legal system for new sources of law that is neither laws nor regulations regulations.
The subject of research the declaration and declaratory-recommendation. Study their nature, characteristics, specific features of a legal nature. According to this classification of these sources of law in accordance with the traditional legal theory classification regulations. In view of various aspects of the legal nature of declarations and acts of declarative-recommendatory nature, designed their own, specific classification.

Tolkachenko Е.
Legal Regulation of Conservation of Green Plantings in Settlements
Considering the problems and peculiarities of legal regulation of conservation of green plantings in settlements, an attempt to systematize the law in this field was undertaken. Conclusion about the necessity to create an effective organizational and legal mechanism of implementation the legal regulations and concretization of legal liability is done.

Cherneckiy K.
Definition and Signs of Concealment of Crime in the Criminalistics
Questions, touching the concealment of crime in criminalistics, as forms of counteraction investigation, are considered in the article. The resulted analysis of literature determines the basic signs of concept of concealment of crime and negative circumstances.

Yastrembska S.
About the Problem of the Procedure Combating Abuse in Civil Proceedings
The article considers the issue of guaranteeing the effectiveness of the civil legal proceedings. The author suggests the use of the state coercion in the form of administrative liability as the measure of counteraction to the unscrupulousness and the abuse of the legal proceedings rights of the litigants.