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Vol. 24 (63), № 1. 2011
Juridical Sciences

Mazur N.
Place clarification of Supreme Court of Ukraine in the sources of law: Past and Present
The legal nature of explanations of the Supreme Court of Ukraine and their place in the sources  of law are analyzed. The analysis covers the period from the Soviet times to the present. There  is a conclusion about the necessity of the legislative changes to return the Supreme Court of  Ukraine power to provide explanations on law application.

Мashkov  А., Marchuk І.
Speransky about the causes and problems of systematization of legislation of the Russian Empire, as well as the difficulties encountered in its implementation
The article is based on analysis of Mr. M. Speransky’s studies and identifies the main causes of  failures to systematize the law of the Russian empire taken by state commissions in a period  from 1700 till 1826. It outlines the key factors that led to the need of systematizing the Russian  legislation applicable at the beginning of the twentieth century. Mr. M. Speransky’s view of how  the objectives should be determined and in which form the sistematizaciynoy works could be  performed has also been studied.

Palchenkova V.
Legal and institutional framework of public control of the penitentiary system
The article is devoted to theoretic-legal analysis of penitentiary system as the public monitoring  ob-ject. Factors  causing the necessity in realization of public monitoring, its subject and limits  are examined.    

Tluschak M., Tluschak A.
Historical and legal sources of Ukrainian national traditions in the field of taxation (the Polish-Lithuanian Commonwealth)
The article examines the historical and legal origins of Ukrainian national traditions in the field  of taxation through the analysis of fiscal functions of officials in the Polish-Lithuanian State in  XIV-XVI century.

Chepel  О.
Deputy (parliamentary) mandate: concept and maintenance
Investigational concept of deputy (parliamentary) mandate, under which it follows to understand a pub-lic function which the member of parliament is authorized by elections, maintenance of  which is determined Constitution and, accordingly, every member of parliament, by submitting  all nation, takes part in realization of sovereignty of people.

Chisnikov V.
Tauride University Professor A. Kiselev: Unknown pages of the biography
Covers his life and scientific activity of Professor of Criminal Law and Kharkov universities Tauride Kiselev AD (1867-1926). We report the facts navye its activities in Ukrtsentrorozyske Glavmilitsii NKVD USSR in 1921-1922, respectively.

Shkuratenko O.
The legal ground of Ukrainian SSR within the UN ECOSOC si snternationak ecjnjmic  cooperation in the 1940-1960/
Investigate the legal basis for international activities of Ukraine, as a founder in principal organs "of the UN system." Ukrainian SSR in the UN acquired the right to representation and  activities in international economic relations, namely in a number of commissions and  committees on economic cooperation under the Economic and Social Council of the UN in the  40's - 60's of XX century. The status of subject of international law was an important factor in  the state of Ukraine and foreign policy interests

Butkevich O., Adabashev T.
Property rights as a contribution to the authorized capital of com-mercial companies
The article exposes the basic problem of property rights to make a contrsbution to the  authorized  capital of commercial companies. We analyze how property rights may be deposits,  and how – no.

Galas H.
Special backer-ups implementation of the hereditary contract
The article is devoted the analysis of special means of maintenance of performance of the  hereditary contract and their characteristic features, and also consideration of features of  application of special means of maintenance of performance of the hereditary contract in  interests of the purchaser and alienor.

Koval V.
General and special rules of commercial law
Rule on the preferential use of special law is widely recognized both in theory and practice of  enforcement. The criterion for the division of law in general and special acts, their sphere of  action. A rule that has a narrower scope, is special, and the legal rules governing a wider range  of relationships, is common. The rules of the Commercial Code and regulating property  relations in the field of management, are special in relation to the standards established by the  Civil Code and the governing those relations.

Shimanovich O.
The renewal of the lost judicial documents in civil legal proceedings
In article the comprehensive investigation of the basic concepts, features and the maintenance of insti-tute of renewal of the lost judicial documents in civil legal proceedings. At the same time  the comparative analysis of the current civil procedural legislation with legal acts of the Soviet  period is made. On the basis of its results the own offers on improvement of the text of the  Ukrainian Civil procedural code are proved.

Sonin O.
Interest as an object of protected by labor laws
The article deals with the category "interest" yak it is understood in the science and instruments  of labor legislation. On this basis, proposals to improve the current legislation as it pertains to  the subject of study.

Lositsya I.
On social dialogue: an analysis of the latest legislation
The summary. In article the analysis of the newest legislation in sphere of social partnership is  carried out. The parity of concepts «social partnership» and «social dialogue» as whole and  parts is defined. It is defined that the social partnership is the legal form of realization of  sociolabor relations.

Movchan A.
Organization and conduct of personnel selection in enterprises, institutions, organizations and  individuals that use hired labor
In this paper, taking into account scientific developments analyzed issues of recruitment in  enterprises, institutions, organizations and individuals that use hired labor. The authors  concluded on the definition of the role of specially created government agencies to prevent  discrimination in the workplace, identified in the investigation of the circumstances of the  refusal to hire. Substantiated proposal copyrights on legal regulation of relations recruitment in  the modern world.

Dubko Yu., Goncharuk E.
The procedure, mechanism and some problems in the organization of the customs authorities of the post-audit
The article examines aspects of forming and development of customs legislation, which relates  activity of organization and improvement of custom post-clearance audit-based controls. The  are also the priorities of control and verification activities of customs bodies. Some proposals  regarding the modernization of the Ukrainian customs legislation are also included in this  article. It is necessary to fix at the legislative level, the notion of control and verification  activities, to define clearly its goals, objectives and characteristics for each of the supervisory  authority.

Evtukh А., Evtukh O., Sitovskaya L.
Modern Mortgage Crisis: financial and Legislative Aspects
In the article the authors the term “mortgage crisis”, classify such crisis, and analyze its  development. They explain reasons of its appearance and development in Ukraine and in the  USA and propose measures of legislative and financial regulation on the market of mortgage  loans.

Elkin S.
Legal suLpport of planning on the area of landscape land use
The questions of legal support of planning in the area of landscape land use are considered in  the article.

Sydor V.
Problems of efficiency of the land legislation of Ukraine
A publication is devoted to researching of problems of efficiency of the land legislation of  Ukraine. De-termination of concept of efficiency of the land legislation of Ukraine is give,  criteria and indexes of determi-nation of its efficiency are investigated. An important value of  subsequent improvement of the land legislation is establishment of ways of increase of efficiency  of the domestic land legislation.

Snegirev F.
About some aspects of law-international regulation of the Ukraine’s ecological prob-lems
The article includes the author’s point of view about the Ukraine’s international cooperation  with other states in the sphere of ecology.

Trofimov S.
Use in administrative law of the categorial device in sphere of counteraction to terror-ism
In article the basic categorial device in sphere of counteraction to terrorism is analyzed,  namely: concept of terrorism, its parity with terror, an act of terrorism, crimes of a terrorist  orientation, terrorist activity for the purpose of definition of a definition "terrorism" which  probably to use in administrative law.

Butkevich S.
Interdepartmental Cooperation in Sphere of the Prevention and Counteraction of Legalization  (Laundering) of the Incomes Received in the Criminal Way
In clause problem aspects of interaction of the State Service for Financial Monitoring of  Ukraine  with law-enforcement and other state bodies on questions of the prevention and  counteraction of  legalization (laun-dering) of the incomes received in the criminal way are  considered, and also  offers on its improvement in this direction are brought.

Gnetnev M.
Committing after the crime in the domestic (Ukrainian) legislation: decrees and deci-sions of the  first years of Soviet power
In the article some points on the history of legal regulations on criminal liability for committing  after the crime offences are subjected to the complex analysis. In the memoir the provisions of  Legislative Acts, which were effective on the territory of Soviet Ukraine. The article is a part of  series of publications devoted to the history of after crime offences in the legisla-tion of
 Ukraine.

Gubanova О.
On the Necessity of Setting of Forensic Psychiatric Examinations with Participation of  Psychologist, Treatment and Correction in Prevention of Sexual Crimes
In the article, the necessity of treatment and correction of persons who commited sexual crimes  is consi-dered, as one of the directions of individual prophylaxis of such crimes, and also the  necessity of forensic psychiatric examinations is argued with participation of psychologist at  investigation of sexual crimes, aimed at both establishment of truth in the case and further  development of directions and specific measures of indi-vidual prevention and resocialization of  sexual criminals.

Yeremeyev D.,
Mensitov О. Specific issues relating to the genesis of the ship appeals against decisions, actions  or inaction of Internal Affairs of Ukraine
The process of development in Ukraine of judicial order of appeal of decisions is analyzed in the article, actions or inactivity of organs of executive power, in particular organs of internal  affairs.

Radionov I.I.
The problem of criminal qualification of banditism
Consider the complex research problem of criminal qualification of banditism according to  Ukrainian criminal legislation in force. The nature of the objective and subjective features of  the criminal responsibility for banditism is discussed. Analyze banditism qualification problems  are done. Author proves that banditism is singular composite crime. Criminal responsibility for  this crime has to according 257 article of the Criminal Code of the Ukraine. S Supplementary  qualification of banditism is necessary if the band commits a more serious crime as compared  with banditism.

Kolomoeets O.
The world experience combating domestic violence
The article analyzes the international experience in combating domestic violence. Reviewed and  analyzed yak best practices in many countries, and separate negative examples of national  legislation in the study area. Justified proposals for improving the scientific basis for the  formation of national administrative and tort law.

Stratonov V., Vasilyakа D.
Analysis of the practice of investigative bodies in the evaluation of concepts and terms
The authors explore the problems of practice authority investigate, identify its problems and  points to possible solutions.

Artemenko O.
Features of proof in cases of acts of insane people in the court of first instance
The article investigates the specific features of cases of socially dangerous acts insane persons  in the court of first instance, to determine peculiarities of proof on these cases at this stage,  considering the features of proceedings in court in cases involving the use of coercive measures  of medical nature.

Aseykin R.
Grounds and principles of the criminalization of attacks on the cultural heritage of Ukraine
The article is devoted the analysis of accordance of establishment criminal responsibility for  trenching upon the objects of cultural legacy to the grounds and principles criminalization  which are selected in the theory of criminal law.

Bakhrieva Z.
Features of stopping the contract of work and labour
The article investigates the reasons of stopping of the work contract. The measures of  concordance of collisions are offered between the norms of current legislation in part of  adjusting of relations in connection with stopping of contract of work and labour.

Biriukova N.
Рre-conditions of becoming of the mode of area of extraordinary ecological situation are in  Ukraine
The article is devoted becoming mode of area of extraordinary ecological situation in Ukraine.  Works of authors of the different fields of law, which was engaged in development of this theme,  are considered. Lighted up problem of the Chernobyl's crash which was instrumental in more  detailed study of the legal ad-justing of area of extraordinary ecological situation. Analysed  legislation, both international and national, devoted problems, to related to the area of  extraordinary ecological situation.

Bytsura L.
On the questionof harmonization ofagricultural legislationof Ukrainein the directionof  formingthe rulesof marketingof agricultural productsin the context ofthe Common  AgriculturalPolicy of the EuropeanUnion
Investigate the legal basis of the common agricultural policy and EU level of  garmonizationnumber of legal provisions in national legislation of Ukraine requirements  asquiscommunautaire in the direction of estab-lishing rules for marketing of agricultural  products in the field of agriculture and rural development.

Golubeva N.
Features of the state property management in the Autonomous Republic Crimea
The article covers the legal aspects of the proprietorship in the Autonomous Republic Crimea,  the stages in management of proprietary relations in Crimea and the relations between the state  and territorial autonomy on property issues. The legal base was analyzed for information on  proprietorship matters.

Greydina K.
The issues of article 130 of the Criminal Code of Ukraine (the human immunodeficiency virus  infection or other incurable contagious disease
The article deals with problematic issues of art. 130 of the Criminal Code of Ukraine. Based on  the analysis put forward and justified proposals for improve-shenstvovaniyu name of legislative  provisions.

Dudarev D.
Legal regulation of the zoning of land as the basis of agrolandscape: state and pros-pects
Author investigates the current state of legal regulation of zoning of land and prospects for  implementa-tion of agrolandscapes.

Zalozniy N.
Peculiarities of development of the resort and recreation field of the Crimea in 1950-1960.  (historical and legal research)
In the article the author analyzes regulatory acts existed during 1950-1960 about the  development of the resort and recreation field of the Crimean economy. Basic directions of  legal activity of the government about resort business in the Crimea on the mentioned historical  stage are examines. The subjective estimation of the administrative reorganization of structure  elements in the field of state regulation of the resort business is given. 

Eremeeva M.
Jurisdiction of cases involving the implementation of voting rights in German law
The features of jurisdiction of businesses are probed in the article, the right to vote related to  realization, on the legislation of Germany their comparing is carried out to the legislation of  Ukraine.

Ivanova O.
Fighting Prosecutor of the Russian empire against crime in the country in 1803-1917 years  (example Taurian Province)
 The article deals with the issue of prosecution of the Crimea in the fight against crime in the  years 1803-1917. Considered acts of the Russian Empire, the reports of the organs of justice  and other authorities, as well as the conclusions of some scientists on the problem.

Klimenko M.
The application of administrative liability in the field of Land Resources of Ukraine
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.

Kurylo O., Chernetska O.
The appeal on the court decree about administrative law violations – progressive stage of appeal  review. The suggestions of improvement
In this article authors pay attention at the progressive changes, that were altered to the code of  Ukraine about administrative law violations in edition of the Low of Ukraine from 24.09.2008  № 586-VI in a part of the introduction an appellate procedure of review  of local courts’  decrees for cases about administrative law violations. At the same time, the attention is paid at  the separate disadvantages of said  introductions and con-crete decision ways of problem are  suggested, on the assumption of practice of said cases investigation by judges of judicial courts  of criminal cases of Court of Appeal in Kharkiv region.

Luzhanskyy A.
Labor disputes of citizens working outside their countries: especially access to jus-tice in  Ukraine
The article is based on analysis of current legislation of Ukraine and judicial practice  peculiarities of access to justice in civil cases of labor disputes of citizens working outside their  countries.

Mogila D.
Legal regulation of labour of leaders of enterprises, establishments, organizations
Leaders of enterprises, establishments, organizations – it is the key figures of public  organization of la-bour. The labour relationships with participation of this category of workers  have a substantial specific which is not enough displayed in the legislation of Ukraine about  labour. Activation of scientific researches of prob-lem of the legal adjusting of labour  relationships with participation of leaders of enterprises is therefore needed, establishments,  organizations with the target of preparation of scientific basis for the inclusion in the Labour  code of the special chapter devoted to the legal adjusting of labour of the noted workers.

Moroz N.
The forms and directions of cooperation in the fight against hi-tech crime
Cybercrime is the newest security threat in the world. International cooperation is an urgent  necessity today and cooperation mechanisms are evolving rapidly to keep pace with new  technologies. Thus, the article is devoted to the forms and directions of cooperation in the fight  against hi-tech crime. The perspective forms and organizational forms of such cooperation are  analyzed. 

Nozrina T.
On the efficienty of financial contol in the field of public service
The article analyzes research on issues of financial control in the public service, awarded  priority and feasibility of the operation of this institution in the public service, a suggestion on  how to improve and increase efficiency.

Pasechnik, О.
On the implementation of land reform in Ukraine
Research article analyzes the process of the present stage of land reform in Ukraine. The author  has studied the basic direction of the current stage of land reform in Ukraine. The article  disclosed in detail the issue of opening the market of agricultural land. The problems of  legislative provision of the current stage of land reform in Ukraine. The author has analyzed the  negative and positive sides of this reform, based on which conclusions are drawn regarding the  development of modern concepts of land reforms, taking into account economic, environmental  and social factors.

Tkachenko V.
Commission of crime on a previous concert by the group of persons and commis-sion of crime  by the organized group:differentiating problems are in a criminal right
 In this article the analysis of specific signs of commission of crime is conducted on a previous  concert by the group of persons and commission of crime by the organized group, in the context  of difference of one form of complicity from other.

Chernetsky  О.
Preparation of investigative experiment
The article deals with issues related to production planning investigative experiment, in the first  place is key to ensuring the effectiveness of its holding. Covered issues on the organization  investigative experiment, which is one of the important areas of improvement methodologies  investigating crimes in which the conduct of various organizational activities take an important  place.

Sharmoyants A.
Experience of state building of Belgium in the conditions of regionalization of Ukraine
The article considers a federal model of state system оf Belgium. The analysis of Belgian law  governing relations between the center and the regions with appropriate use of their main  provisions in the implementa-tion of reforms in Ukraine.

Shylo A.
Criminalistic understanding of corruption and its correlation to bribery in the context of their  historical sources and the new anti-corruption legislation
The article analyzes primitive causes which historically caused the appearance of the negative  phenome-non of corruption and bribery as its basic display in the context of primary goals of  criminalistics. Attention is paid to the understanding of corruption in statutory acts at different  stages of development of the Ukrainian state that helps to understand the essence of this  criminal activity with the purpose of its more effective inves-tigation.

Butkevich S.
Interdepartmental Cooperation in Sphere of the Prevention and Counteraction of Legalization  (Laundering) of the Incomes Received in the Criminal Way
In clause problem aspects of interaction of the State Service for Financial Monitoring of  Ukraine with law-enforcement and other state bodies on questions of the prevention and  counteraction of legalization (laun-dering) of the incomes received in the criminal way are  considered, and also offers on its improvement in this direction are brought.