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Vol. 24 (63), № 2. 2011
Juridical Sciences

Anokhin O.
The theological approach to the understanding of Islamic law
The article takes about the features of understanding of the theological foundations of Islamic law. The  author analyzes the concept of «sharia» and «fiqh» which in their unity constitute a methodology and system  of Muslims practical rules of conduct.

Burdin M.
Precautions for charter criminal trial in 1864
The article presents a system of precautions in criminal proceedings under the Statute of criminal justice  in 1864, analyzed the practice of law enforcement and effectiveness. 

Gavrylenko A.
The main features of the civil procedure in Genoese colonies of Nothern Black Sea  region (second half of the XIII – third quarter of the XV century)
On the basis of the analysis right monuments and also wide volume of the scientific literature the specif- ic lines of the process for civil cases in Kaffa, Soldaye, Cembalo and other medieval Genoese colonies, which  are placed in the Nothern Black Sea region. 

Zmerzlyy В.
The Orphan courts in the Tavricheskoy province, history and prospects of study (end  XVIII – XX began in.)
An author first gave it a shot analysis of prospects of study of history of creation and activity of orphan  courts in the Tavricheskoy province. The supposed base of research is analysed, basic directions and methods  are indicated, historiography of question is considered. 

Kaschenko S.G., Taran P.E., Shevchenko V.I.
Nation-building in Ukraine at the end of 1917 –  the beginning of 1918
Capture by Bolsheviks of the power in Russia in November 1917 stimulated the state-constitutional  activity of Central Soviet also it, at last, has taken the plunge in the course of restoration of the Ukrainian  statehood. It has been carried out by the edition of III Universal which considered UNR as the independent  subject of the Russian federal democratic republic. It has caused sharp counteraction of new Russian heads  and they have begun war against it. This has induced Central Soviet to take one more important step on a  way of the state building in Ukraine and its constitutional registration. It has published the fourth universal  which proclaimed that henceforth UNR becomes to manumissions, from anybody the independent state.

Kaschenko S., Taran P., Shevchenko V.
The second stage of formation of Ukrainian constitutional  law
An important component of the state building in Central Soviet times was its constitutional registration.  On June, 20th, 1917 it has created the special constitutional commission for preparation the project of «The  Statute of independent Ukraine». And on April, 29th, 1918 Central Soviet has confirmed Constitution of  UNR. For that time it was perfect enough constitutionally-legal certificate which regulated the most important  legal relations in the state, representing to its citizens fundamental laws and freedom provided the modern  Constitution of Ukraine.

Kravchenko S.
Conceptual principles law pragmatism in American philosophy of law
Law pragmatism is one of the key concepts in American philosophy of law. Law pragmatism is basis of  legal system the USA. Article coverege basis conceptual principles about concept «law pragmatism».

Lyashenko R.
Application of presumptions as means of the law argumentation in practice judicial  authoritys
In article features of application presumptions in judiciary practice as law argument are investigated,  ways and an order of their rebuttal are analyzed. The conclusion is drawn on necessity of observance of rules  of application of presumptions in the practical activities of courts.

Mashkov A., Rudenko В., Balatsenko М. 
Dostoyevsky's criticism of nihilistic views on the right  (on example of the character of Raskolnikov in the novel «Crime and Punishment»)
In article legal comprehension of character from F. Dostoyevskiy’s novel “Crime and Punishment”  Rodion Raskol’nikov is being analyzed on the basis of his theory about “right for crime”. The relation of the  novel’s author to nihilism in general and to the theory of Raskolnikov in particular is being considered. The  contours of the problem of influence on the legal comprehension by works of world literature are being denot- ed.

Palinchak N.
The system of state-church relations in post communist Europe: lesson for Ukraine
The article studies foreign experience in regulation of state-church relations. On the basis of the wide  range of domestic and foreign sources of research literature there affirms the idea of relevance to consider the practice of post-Communist relations between state and religious associations. The offers on the experience of  certain European countries (Poland, Hungary, Slovakia, Estonia, Georgia, etc.) are considered in formulating  the modern model of state-church relations in our country that would be more responsive to Ukrainian cultural and historical tradition.

Fedunov V.
Bribe as a kind of malfeasance under the laws of Russia XV – XVIII centuries.
The article examines the bribe as a kind of malfeasance on the material law in Russia XV - XVIII centu- ries. As a result of research by the author substantiated findings related to the definition of deficiencies in the  legal regulation of data relationships and the reasons for its lack of effectiveness.

Kostruba A.
The right-depriving jural facts in the legal relationships of servitude
The article is devoted to the question of right-depriving jural facts in the civil legal relations of servitude.  An author conducts the analysis of servitude as a right-depriving jural fact and as condition of existence of  other jural facts, and also explores the grounds of the termination of servitude as right-depriving jural fact.

Nekrasovа E.
The development of the contract as a regulator of family relationships
This article is deals with development of contractual regulation of family relations in the legislation of  Ukraine. The history of development of the contract in the Family Law of Ukraine, the order of the conclusion  and regulation of such contracts is considered, definition of the family contract is offered. 

Pashneva V.
Legal nature of deposit insurance
The article researches the legal nature of bank deposits insurance system. It has determined the place of  bank deposits insurance in legal system and revealed the correlation of insurance legislation and deposits  insurance legislation.

Yeryomenko V.
Rules of labour law discovered when carrying out logical analysis of legislative  provisions
Logical analysis of the provisions of Ukrainian labour legislation is carried out by means of negative in- ferences (inferences drawn from the contrary), inferences drawn from conditions to consequence and vice versa, inferences of degree. Using of such inferences is helpful to discover at least half of normative sense of  the statutory acts of labour legislation. These inferences should be considered when legislative acts are inter- preted and when conflicts of the provisions of labour legislation and conflicts of labour law rules are resolved. 

Movchan A.
Problematic aspects of the definition of «substantial conditions»
In this paper, taking into account scientific developments and the regulatory issue is analyzed in material  conditions. The author has made certain conclusions about the definition of the essential conditions of the  order of their change, and stressed the need to address violations of the law at work. The authors' proposals for  the regulation of translation as an institution of labor law.

Sonin O.
Сompensation of material damage as a method of protect the labor rights of workers
The article is devoted to the rationale of consolidation in the Acts of the labor legislation of this method  of protecting the labor rights of workers as the demand for compensation for material damage. Determined by  the range of grounds (conditions) the application of such requirements in the defense of violated rights, and  provides suggestions for determining the size of compensable damages.

Belov D.
Basic Law as a basis for policy development and implementation of State
The basic concepts of a state policy and its components are opened. The attention is given to a parity of  the maintenance of a state policy and the maintenance of the constitution. Possible ways of development of   principles of a state policy are analyzed, proceeding from substantive provisions of the constitution.

Panova N.
Questions of influence of the administrative law state management developmental pro- cess in Ukraine 
Examines urgent questions of influence of the legal state management acts on reforming of the state  management relations, defines a role of administrative law as fundamental factor that ensures development of  the state management system and functioning of the executive authority in Ukraine.

Skakun Y. 
Legal regulation of of ecological taxation in Ukraine in the context of European inte- gration
In this paper the author examines the greening of the tax laws in the context of European integration and  adoption of the Tax Code of Ukraine. Analyze the experience of implementing environmental taxes in EU  countries.

Trophimov S. 
Stopping of activity as measure of administrative influence in the conditions of coun- teraction terrorism
In the article such is analysed measure of administrative influence as stopping of activity and its intro- duction is offered in Ukraine as one of factors of becoming of effective counterterrorist activity.

Tyutyunnyk R.
The Concept and principles of bank control in Ukraine
The Article is devoted to the research of me concept «bank control» and to principles of bank control in  Ukraine. The current state of the organisation and realisation of bank control was analysed, and also its lacks  had been revealed. The content and meaning on concept «bank control» in the scientific literature and in the  current legislation of Ukraine is investigated. The purpose of bank control was found out, principles of bank  control were defined and analysed also.

Shklyar T., Margaritov M.
Some aspects of Tax Authority appeal of decision
The article is dedicated to some peculiarities of the Tax Authority appeal of decisions. In the article the  reasons are stated subject to the present tax laws under which the bill of debt shall be discordant when the  taxpayer appeals to the court with an action of annulment of the controlling body decision.

Phatkhutdinov V.
Personal safety of police officers during public events
In the article the analyses of the questions of providing personal safety of the militiamen during mass  gathering is done. The main reasons of the threats to the safety of militiamen are outlined and the ways and  directions of its providing are formed

Nastina O.
The basic signs of the right of state ownership of the land
Тhe article is research a features of the right of state ownership of the land in Ukraine and allocate the  basic signs of the right of state ownership of the land. 

Rozumovych I.
Value binding and tort rules in the environmental legislation of Ukraine
In this article we define and characterize the binding and tort rules. The analysis of the role of binding  rules and tort rules in the drafting of legal acts of environmental legislation of Ukraine. Shortcomings in the  relationship of these norms in the environmental legislation and on the basis of its efficiency problems are  formulated and implemented.

Snegiryov F. 
About some problems of degradation of especially  protected natural objects and  complexes of Crimea  and measures directed to their overcoming
In the article the problems connected with the use and protection of ecological net objects of Crimea are  considered and also causes of their degradation are analysed. The point of view of the Supreme Council of the  Autonomous Republic of Crimea concerning the normative-legal ensurance of questions on formation of re- gional ecological net is given.

Bugaev V.
Qualifying signs of assignment and waste of another`s property
Research of the criminally-legal maintenance of qualifying signs of structures of assignment, waste of  another's property and its plunder by the official is carried out article by abusing the office position. 

Ignatov А.
General description of factors of latentness of murders
The article is devoted research of factors of latentness of violent criminality on the example of such  crime as murder. The factors of latentness of murders are set taking into account their (factors) dividing into  groups depending on the type of latentness (natural latentness, artificial latentness, latentness as the contiguous  state, concealment of crimes from an account) murders and their general description is given.

Ryabchynskaya О. 
Accounting Class rigor in punishment jurisprudence
The article examines the judicial practice in the observance of such a trait as the location of the penal  system of punishment in a specific order from the less strict to more strict in applying the criminal law of sen- tencing. Investigates the most common misuse of the law due to violation of the above steps, placing penalties  on the system.

Skvortsova O.
Correction and Warning as Priority Aims of Criminal Punishment for Economic  Crimes
Positions of theory of criminal law, current criminal legislation of Ukraine and rates of practice regard- ing to determination of contents, priority and correlation of aims of punishment for economic crimes are ana- lysed in the article.

Ardashev R., Kitaev M.
Postkriminalny suiсidе of murderers as evidence of behavior
The article covers issues related to evidence of behavior when the suicide of a murderer is considered to  circumstantial evidence.

Borodin V.
Approach of the systems to organization of co-operation of organs of pre-trial investi- gation and inquest
The problem of organization of co-operation of organs of pre-trial investigation and inquest is examined  at investigation of crimes within the framework of complex approach with the use of both creamily - judicial,  criminalistics recommendations and positions of theories of organization and by her system methodology.

Omelchenko, T.
Legal regulation of petition and notice of the crime of belonging to
The article is devoted to the procedure of appropriate directing of information or a notice. The theoreti- cal and practical problems of making decisions on crime information and notices are exposed.

Samko А.
Theoretical and applied aspects of the presentation for the identification
In article the author considers features of a presentation for an identification as investigatory action; the  basic differences of a presentation for an identification from other investigatory actions are illustrated; kinds of   a presentation for an identification, fixed in the law are analyzed; features of an identification on features of a  voice and speech, handwriting, and also features of an identification of a site of district, dwellings and other  premises are investigated.

Bardakova L.
Legal adjusting of control after turnover of medicinal facilities: essence and setting
The article is devoted the complex analysis of positions which characterize ellementy national program  developments, svyazanykh with the legal adjusting of control of quality of medications and their turn.

Biryukova N.
General characteristic of common state system of prevention and reaction on  emergency situations of technogenic and natural character
The Article is devoted to the positions about the common state system of prevention and reaction on the  emergency situations of technogenic and natural character: the main problems and priority stages of its activity  are considered. The problem moments which influence on further development of the specified common state  system are revealed also. The current legislation had analysed and directions of improvement of common state  system of prevention and reaction on the emergency situations of technogenic and natural character hod  offered.

Boreyko E.
Legal status as a creditor of the subject of insolvency (bankruptcy)
In this article the substantive provisions of legal status of creditor are considered as one of insolvency  (bankruptcies). It is set that in insolvency (bankruptcies) an creditor plays a substantial role. The types of  creditors, offered a legislation and scientific literature, are set.

 Gorlenko V.
Ukrainian administrative-territorial reform and generation civil society process
The administrative-territorial reform is important element in state government and power system trans- formation in Ukraine, special in generation civil society.

Dyachenko A.
The emergence and characteristics of naval courts in the Russian Empire in XVIII -  first half XIX centuries.
The article studies the problem of the emergence and activities of the naval courts in XVIII – first half  XIX centuries in the Russian Empire. Based on the study of the basic laws of the stages of naval courts, and  their legal framework, jurisdiction. The attempts at reform in the early XIX century, Creating krigsrehta and  General Auditoriat.

Evsikova E.
Some aspects of representative office of interests of parties in the cases arising from  tax legal relationships, in the administrative courts of Ukraine
In the article the features of representative office of parties open up in matters, arising out of tax legal  relationships, in the administrative courts of Ukraine. The author has proposed its own definition of the terms  «of the parties in cases arising out of tax relations, in the administrative courts of Ukraine (Procedural Tax  Office)», «Administrative Procedure personality» and proposed classification of its own representation in  cases arising from tax relations. 

Kampi О.
Legal forms of self-regulation in the sphere of joint investment
On the basis of valid legislation the main approaches to construction of the system of  regulation of joint  investment market have been revealed and analyzed.

Klimenko M.
Reform of administrative relations in the field of Land Resources of Ukraine, prob- lems and socio-economic impacts
The article is devoted to the issue of further more thorough analysis and study on the application of  administrative liability in the field of Land Resources of Ukraine, as a means to protect the rights of citizens. 

Klimenko V.
Judicial and legal reform in Ukraine: the concept, content and interpretation
The paper investigates the problem of improvement, development and structure of the judiciary in  Ukraine. Made an attempt to give the concept, along with other categories, defining them out of «judicial and  legal reform in Ukraine», «Judge». We analyze a meaningful understanding (interpretation) of the judicial and  legal reform, and disclose its contents.

Koshman A.
Interaction with the prosecution of Crimea legislative and executive authorities
avtonomki

The article highlights the main forms of interaction between public prosecutor's office of Autonomous  Republic of Crimea (ARC) and representative, executive and regulatory bodies of the Autonomy taking into  account peculiarities inherent to the ARC. Authorities of Mission of the President of Ukraine in Crimea are  analyzed and aspects of the interaction of Autonomy’s public prosecutor's office with the Mission are identi- fied, suggestions for improvement of the prosecution activity in this area are provided.

Melnichenko N.
Concept and general description of stopping of civil legal contracts
The article is devoted to a research of the legal adjusting of stopping of civil legal agreements.   Legal essence and value of stopping of civil legal agreements is exposed. The concept of stopping of  civil legal agreements is certain. The analysis of the legal basis to stop the civil-law contracts. Specified  criteria for classifying certain types of termination of civil contracts for the structure of subordination  relations of genera and species concepts. Justified proposals to improve legal regulation of termination  of civil contracts. 

Mityay E.
Consumers of financial services as a party to legal relation
The article deals with the issues of the legal position of the finance service of the borrowers being con- tracted and credited in particular; the peculiarities of the protection their legal interests in interrelation with the  finance organization under nowadays conditions.

Mogila D.
Features grounds of termination of the employment contract with the heads of enter- prises, institutions and organizations at the initiative of the owner or his agent
Variety and fragmentary interpretation of statutory provisions in relation to the discharges of leaders of  enterprises, establishments, organizations results in not synonymous  application of these norms and does  impossible standardization of procedure of discharge of leaders of enterprises, establishments, organizations.  Thus such interpretation results in a volume, that legal norms in relation to the discharge of leaders can be  applied only for the leaders of companies and enterprises, while the leaders of establishments and organiza- tions remain «protected» from action of such norms. 

Onishchenko V.
The limits of discretionary labor law
The article explains the problem of the common borders of discretionary rules of labor law, which is due   to many factors, chief among which are the needs of public relations, which are subject to labor legislation,  and specific method of labor law.

Pasechik O.
To the question on definition the concept of «land reform» in modern science of the  land law of Ukraine
The article is devoted to the analysis of scientific tendencies concerning a question of definition of  concept of modern land reform in a science and the studying of features of formation of this concept,  considering the opening of the land market of agricultural settings in Ukraine. On the basis of the given  analysis the author distinguishes the most successful concept of land reform in Ukraine, accounting the  modern tendencies in legal regulation of land relations. 

Pukhovskа A.
Creation of the Revolutionary Tribunals in the Crimea in the early 1920s
The article discusses the creation of revolutionary tribunals in the Crimea in 1920. The activity of the  Revolutionary Tribunal in the first years after, when the Soviet government launched a policy of Red Terror to  crush opponents and to the judicial reform of 1922. Series: Military Science.

Smutok M.
The legal regulation of the oncological help to children in Ukraine: problems and per- spectives
In this article, legal regulation of the oncological help to children in Ukraine and legal methods of solv- ing problems in this sphere are considered.  

Sharanitch S.
Studies of the structure of a coalition of parliamentary factions in the Parliament of  Ukraine in the context of changes to the art. 61 of the Law of Ukraine "On the Regulations of the  Verkhovna Rada of Ukraine of 09.03.2010 ear  
The formation of a coalition of parliamentary factions in the Parliament of Ukraine in the context of  changes to the art. 61 of the Law of Ukraine "On the Regulations of the Verkhovna Rada of Ukraine of  09.03.2010 year. Elucidated the shortcomings suggested ways to improve specified areas of public relations in  the case of this situation. 

Filyuk A.
Kinds of protection of property rights of agricultural commodity producers
The article is devoted to the research of the concept of protection of property rights of agricultural com- modity producers, and also kinds of such protection.

Bondarchuk N.
Pressing questions of administrative responsibility for the landed offences
In article the concept of administrative responsibility for the landed offences, kinds of offences of sphere  of use and protection of the earths, kinds of punishments is defined, the legislation on the given question, its  lacks and ways of their decision is analyzed.

Gubanova Е.
Review of the monograph Kitayev V. «Animals and crime: criminal-legal and foren- sic investigation»
In reviews subjected to analysis monograph Kitayeva V. «Animals and crime: criminal-legal and foren- sic investigation» concluded that it justifies the author, and made proposals on this basis.