Main

Web-sait TNU

Editorial Board

Registration Certificate

Current Issue

Archive

Rules of preparation of the article

Contacts

Archive

 

Vol. 25 (64), № 1. 2012
Juridical Sciences

Portnov A., Moskaliuk O.
Exploring Correlation between Conflict of Legal Norms and  Legislative Gaр
The article analyzes theoretical approaches to the  correlation of such categories as conflict of legal  norms and legislative gap. Furthermore, the author gives the grounds for using such category as normative  conflicts gap. 

Abkhairova E., Medvedeva М.
The Key Aspects of the Right to Water
The key aspects of the right to water as an element of the right to an adequate standard of living are  considered. The problems of recognizance of the right to water as a self-standing human right, its place in the  system of human rights, and also the mechanisms of its protection are investigated.

Kabanets N.
Theoretical and Legal Maintenance of Social Contract
Legal nature of concept of social contract is analysed at school of absolute law. Possibility of clarification of him is examined legalistically logical descriptions as a theoretical scientific concept. 

Mamchenko N.
Deontology J. Bentham as a Condition of Jus-Conventions
Article posvyachena research ethics J. Bentham  in terms of the mechanism of political and legal   decision-making conciliatory / N. Mamchenko

Palchenkova V.
Public Monitoring of the Rules of Procedure of Inmates and Staff
The article addresses the problem of interaction between institutions of public control and penitentiary  system, compliance it to the rules of legislation. Special attention is focused on the requirements of The Rules  of internal regulations in the valid penal institutions.

Sorokin R.
The Political Programme of the Constitutional Democratic Party of Russia as the Basis  of Solomon Krym’s Views on Land Legal Relations
The article deals with the research of the statements of the Russian Constitutional Democratic Party’s  political programme, which is dedicated to the regulation of land legal relations and the attempts of their  realization by Solomon Krym

Sotskyi Y.
Volost Court in the System of Court Bodies of Russian Empire in the Second Half ХIХ th – the beginning of ХХ th Century: its Structure and Court Practice
The Juestions of jurisdictional regulation of activity of volost courts in Russian Empire during post –  reforma tive period are studies in the artice.

Suhytskaya N.
Legal Consciousness of Citizens of Ukraine: Status and Trends of Development
The article reviews the main issues of legal consciousness in the Ukrainian society. The state of the legal  consciousness of citizens of Ukraine emphasizes the basic causes and signs of strain.  Offered important practical and legal trends that positively influence the formation of legal  consciousness of citizens of Ukraine.

Donskaya L.
The Conception of the Condition Sine Gua Non in the Civil Law
The author analyses the conception of the condition sine gua non in the civil law. And at the end he  makes a conclusion that the condition sine gua non is the most admissible and it answers to conditions of the  civil legislation of Ukraine.

Kostruba A.
To the Question of Inefficacy and Illegality of Right-Depriving Jural Facts in the Form of Civil Deal
The features of display of inefficacy of right-depriving jural facts in the form of deal are explored in the article, impossibility of existence of sign of illegality in relation to invalid deal as right-depriving jural fact is proved, its  demonstrated that existence of illegal right-depriving jural facts is possible exceptionally in the form of civil legal  delict.

Pashneva V.
Problems of Legal Regulation of Insurance Activities Brokerov in Ukraine
In the article the problems of the legal adjusting of activity of insurance brokers are affected in Ukraine,  brought in suggestion and recommendation in relation to the improvement of insurance legislation in the field  of insurance mediation.

Snidevych О.
Objections against a Lawsuit as Defence Methods of Defendant on Civil Cases Arising  from Land Legal Relations
In the article problems objections against a lawsuit are analysed as defence methods of defendant on     civil cases arising from land legal relations. As a result of the research conclusions are drawn to serve as the  basis to improve the relevant case law and current legislation.

Alekseyeva O.
Theoretical Aspects of Keeping the Post by Women after the Leave to Attend to a Child up to the Age of Three Years
The article contains research of the relationship of a person who is on leave to attend to a child up to the  age of three years with the employer, as well as the analysis of current rules of the Ukrainian and Russian  legislation concerning this issue. In addition, the article provides that at this date the current legislation of  Ukraine does not define the term of keeping the post. Therefore, the issue concerning the obligation of the  employer to keep a woman after a leave to attend to a child up to the age of three years remains outstanding  and relevant.

Lagutina I.
The Right of an Employee Labour on the Honor and Dignity as a Personal Non-Property  Labour Right
The article analyzes the legal nature and content of the right employee for the honor and dignity of       labour that will understand his place in the labour rights. Formulated proposals designed to ensure that more  effective personal non- property labour right.

Lukasheva N.
Certain Requirements for Employees
Specific requirements for certain categories of workers arising from the provisions of law which  have varying legal status. Therefore, the provisions which grant the right to occupy certain positions for  Ukrainian citizens is necessary to formulate a more explicit, for example including the word 'only' (only  Ukrainian citizens has the right to occupy the certain positions).

Belov D.
Improvement of the Constitution as a Way of Transforming Constitutionalism
Article is devoted to specific features of a form of improving the constitution, as the transformation of  the constitution. The author focuses on the analysis of legal concepts and the meaning of transformation of the  constitution.

Kotenko V.
Certain Aspects of the Implementation of the Procedural Rights and Duties of the Administrative Process
The article deals with problems of identifying legal status of the parties in administrative process. This  problem gains its actuality due to new administrative code of Ukraine. Code of administrative legal  proceedings now divides of mechanism realization legal rights and duties of the persons, which take part in  process.

Ochkurenko S.
The Mechanism of Interaction between Financial Legal Relations and Civil Relations
The article is devoted to the interaction of financial law and civil law in the regulation of social relations.  The concept of legal influences of the financial law norms on the civil relations has been formulated. In par- ticular examples the mechanism of legal influences and limits of the regulatory interference of financial law  norms has been shown.

Romanyuk L.
The Current State of Legislative Control and Ways of Improvement in the Field of Preventive Measures against Administrative Infractions
The article is devoted to analysis of the issues in legislative control of implementation of preventive measures against administrative infractions as well as search for ways of improvement. The author analyses the activities of law enforcement agencies in this area, studies the current legislation, which regulates implementation of preventive measures against administrative infractions and offers the most effective ways to  overcome the negative phenomenon, which administrative infractions are.

Ryabtseva J.
Legal Audit as a Mechanism for the Protection of Union Members
In the article based on the analysis of legal literature and current legislation of Ukraine peculiarities due  diligence, as a mechanism for the protection of union members. Special attention is paid to the means and subjects of the due diligence of trade unions.

Khrabrov A.
The Constitutional Norm-Principles as General Legal Principles of Tax Law
This article is dedicated to establishing a legal and constitutional principles of tax law. Analysis of  current tax laws and the Constitution of Ukraine is the subject of separation principles of tax law.

Kostyashkin I.
On the Question of Ecological and Legal Justification of Social Function of Land Ownership in Ukraine
The article analyzes some doctrinal developments and constitutional provisions in land use and protection as a natural resource and a major national wealth. An ecological and legal principles of methodological  support social function of land ownership in Ukraine.

Nosik V.
The Limits of Law of Right Ownership of Land Realization: Theory and Practice
The article deals with theoretical and practical a point of limits of law of right ownership of land realization accordingly with Constitution of Ukraine.

Trofimov S.
Update of Institute of Measures of Warning and Suppression of Violations of Counterterrorist Legislation of Ukraine
The necessity of update of domestic institute of measures of warning and suppression of violations of  counterterrorist legislation as mortgage of construction of effective counterterrorist activity is analysed in the  article, and also concrete changes are offered in the counterterrorist legislation of Ukraine.

Denisov S., Kotsar A.
Legislative Consolidation Definition of Fire
The article reveals the concept of «fire safety». Analyzed the work of ukrainian and russian scientists on  the definition  «fire safety». Legislative confirmation the definition concept of «fire safety».

Radionov I.
Pluralit of Participants of a Band as an Objective Sign of Banditism
Work is devoted controversial problems of qualification of the banditism, arising at definition of its objective sign, as plurality of participants. It is proved that the minimum quantity of participants of band to  equally three persons, each of which should correspond to signs of the subject of a crime – to be the person  physical, made and reached 14-year-old age. Thus band it is necessary to understand as the participant of the  persons who have created a gang for fulfillment of attacks on the enterprises, establishments, the organizations  or separate persons, or entered in it as the organizer, the executor, the instigator or the helper.

Biryukov V.
Analysis, Synthesis and Comparison. Their Significance in Revealing the Fact of Interference in the Primary Content of Digital Still Image
The article deals with the direction of the study  of digital images for signs indicating the fact of  interference in their content. In addition to their visual, lit-pixel basis for the analysis of digital images based  on the technology of forming the matrix of the camera.

Omelchenko T.
The Formation of the Institute Legal Aid in the Criminal Law
The article is devoted historian-legal analysis of the formation and developments of the institute legal  help

Reutsky A.
Features Investigative Examination in the Investigation of Crimes in the Sphere of Production and Circulation of Payment Cards
Problematic aspects of the preparation and examination of investigative when investigating crimes in the  sphere of production and circulation of credit cards, information determined to be clarified during the  inspection, revealed features of certain types of inspection.

Chernetsky O.
Cognition Investigative Experiment and its Difference from the Investigative Inspection
A question is considered in the article, to relatively cognitive activity of inquisitional experiment, that  first of all, is the mortgage of providing of efficiency of his realization. Theoretical basis of inquisitional  experiment is analysed. Lighted up questions in relation to organization of inquisitional experiment and his  difference from inquisitional examination, that is important direction of improvement of methodology of  investigation of crimes in that realization of different organizational measures occupies an important place.

Zakharov D.
The Activity of the Court in the Investigation of the Circumstances of the Case as an  Element of the Principle of Adversary Proceedings in the Criminal Proceedings
The article is devoted to theoretical and practical issues of determining the degree of activity of the court  in the study of the circumstances, included in a subject of proof in the criminal proceedings. The article gives a  theoretical substantiation of the need for legal obligation of the court to use all statutory tools to ensure comprehensive, full and impartial investigation of the facts of criminal proceedings, providing the court of a certain autonomy in determining the volume of a judicial investigation and the trial. Considered the suitability of  these powers established by the law of criminal procedure safeguards for the protection of the rights of the  participants of the judicial proceedings.

Mikhailov M.
Broadening the Range of Subjects Operatively-Search Activity Requires an Informed Decision
Attention is drawn to the consequences of expanding the circle of subjects of operational and  investigative activities for the society and state. An attempt to draw attention to the need for an informed  decision when introduced into the arsenal of the investigator and the prosecutor, the so-called undercover  investigation.

Bakhrieva Z.
Termination of Contracts for Financial Services
This article investigates the reasons and consequences of termination of contracts for financial services.  The measures agreed impacts of the current legislation regarding the regulation of relations in connection with  the termination of the loan agreement, loan agreement, bank account and bank deposit.

Berezhna Y.
«Green Economy» Concept: International Aspect
It was analyzed the entity, origin and background of the «green economy» concept as part of sustainable  development, the basic tools for its implementation at the state level were defined; role and prospects of green  direction for Ukraine were substantiated.

Voronina E.
Creation and Development of the State Quarantine Service in the Russian Empire at  the beginning of XIХ century
The process of creation of quarantine service is in-process considered in the Russian empire on the basis  of «Regulation of boundary and port quarantines» accepted on July, 7, 1800 and it further development 1818  to, when new regulation was accepted.

Danilenko Y.
Gendarmerie and its Role in Protecting the West-the People's Republic
In the article analyzes the emergence of Western law enforcement agencies - the Ukrainian People's Republic, in particular the gendarmerie of the State, its legal status and place in the protection of suv. Concluded  that the need to consider the historical achievements in the study of problems of becoming law enforcement  officers at the present stage of development of Ukraine.

Zagoruiko O.
Actualization of the Right to Stay in the Present Conditions of the Labor Legislation of Ukraine
Determinations of concept «Rest-time» in a Ukrainian labour right is analysed. The necessity of the legislative fixing of definicii «rest-time» is certained. The necessity of strengthening of legal guarantees of right  to rest for workers is grounded. 

Zuiev R.
The Basis of Administrative and Legal Providing of Human Rights and Freedoms in Fundamental Philosophical Researches
Fundamental philosophical-legal researches are analyses devoted problematical of providing of human  rights and freedoms, their systematization is resulted, and their value is mine-out for research of administrative  and legal ensuring of human rights and freedoms.

Klimenko V.
Institute of Magistrates in Reform Process of the Judiciary in Ukraine
The article discusses the concept and essence of the institute of the judges as one of the alternative ways  to address and resolve legal disputes in public relations. The experience of leading legal families common and  civil law on the functioning of the world's ships. Provide legal, socio-economic justification introduction of  the institute of the judges in the legal field of Ukraine and law enforcement practices to free access to justice  and to guarantee the protection of rights and legal interests of citizens.

Korol S.
Legislative and Legal Framework for Regional Policy in the Context of European Integration Processes
The article examines and analyzes the legal framework of regional policy in the context of European  integration processes. Traces the process of adaptation of Ukrainian legislation to European standards.

Kotenko N.
Interpretation of the Law in the System of Legal Activity
This article discusses the nature of interpretation, as of the types of legal activity and its role in the legal  process.

Koshman A.
General Description of the Organization of the Prosecutor's Office of the Autonomous  Republic of Crimea
In the article, the concept of organization and activity of public prosecutor’s office of Crimean Autonomous Republic is given; principles on which it is built and functions as basic work assignments are considered; notion of the constituents of organization of activity of public prosecutor’s office of Autonomy, which  are organization of work and management, is given.

 Kurabtseva А.
Development of the System of Naval Courts in the Russian Empire after Introduction  of Naval Judicial Regulation 1867
In-process studied problem of further perfection of the system of naval courts in the second half ХIХ in.  on the basis of edition of the processed judicial regulations from 1874 and 1883 and other legislative and normatively-legal acts 

Maksimenko M.
The Experience of the Kingdom of Norway in Legal Groundwork for Land Consolidation
Absence of an effective mechanism of land consolidation in Ukraine by means of land management is  stated in the article. The author suggests improving Ukrainian legislation taking into account the experience of  the Kingdom of Norway in legal groundwork for land consolidation.

Marchuk I.
Critique of the Laws of the Russian Empire in the Pre-Revolutionary Legal Literature
Based on an analysis of pre-revolutionary critics of the Code of Laws of the Russian Empire the article  determines and summarizes its main defects discovered by academic lawyers and practitioners in law during the nineteenth - early twentieth century, as well as the validity of the proposed critical comments has also been  assessed.

Mikhrovska M.
The Formation of E-Government as  a Priority Task of Public Administration in Ukraine
Historical stages of the formation of e-government in Ukraine are analyzed. The essence of main  concepts of e-government in other countries are explicated. Some problems of the Ukrainian legislation in this  field and ways of it's improvement are defined. 

Puhovskaya A.
Chief Court Krimskaya ASSR  and his Activities in the Period Nepa
In article are considered questions of establishing in 1922 the year the Main Court, his activities, to 1928  year. Thus, in 1928 as a year in the Situation at sudoustroystve RSFSR vnosyatsya the changes, who kompetentsyyu Change and functions of the Main Court.

Samko A.
To the Question of Presentation Formation for the Identification as Independent Investigatory Action
In article the author considers features of formation of presentation for an identification as independent  investigatory; stages of development of ideas of presentation for an identification from the first mentions in  legislation acts are investigated up to now

Tatarintsev T.
The Concept of Evidence in Corruption Cases
The notion of term «proof» in administration corruption transgression is grounded on reason of analysis  of topical science approaches and legislation. This proof is actual data which is received by legal order, indicative about presence of administration corruption transgression, which are established by court, are liable to  proving and are proved in case for achieve a right decision.

KhutkoT.
The Quidelines for the Activity of Karasubazar Roman Catholic Court
The article contains the detailed study of the activity of Karasubazar Roman Catholic Court on the basis  of a wide use of little-known archive documents. The aim of this study is to define the guidelines both for  judicial and extrajudicial activity of the institution.

Сhehovska I.
State Material Backing for Families in Ukraine: Problems and Trends of Reformation
In the article there is analyzed the influence of state social benefits and facility on economic condition of  different categories of families in Ukraine. It was proved that state material backing for families in Ukraine is  based on imperfect law mechanism and is mainly directed only on some categories of families. There was  drawn a conclusion about the expediency of its conceptual revision. There are propounded its main trends.

Yaroshchuk V.
Genesis as a Principle of Environmental Safety in Land Legislation
Development of the ecological safety principle was studied, also it was analyzed features of its display  in land legislation.

Romanyak D.
Procedural Personality Prosecutors and Investigators in the Disciplinary Proceedings
The article is devoted to defining of prosecutor-investigate workers` legal personalities in disciplinary  proceeding structure. Reasonability of such legal personality separating when encouragement and making  answerable of disciplinary responsibility proceedings is proved. Necessary of encouragement and disciplinary  penalty procedures improving is grounded.

Huseynov R.
The Concept of Administrative and Jurisdictional Proceedings in the Activities of the Executive Power and the Determination of such Proceedings
The article is devoted to grounding of «administrative-jurisdictional proceeding» definition and to  defining of kinds of such proceedings in executive authority organs activity. There established that  administrative-jurisdictional proceedings are: proceeding regarding administrative delinquency, disciplinary,  regarding citizens` complaint and executive proceeding.  Process in administrative courts is defined as a  separate kind of jurisdictional proceeding – administrative-legal procedural.  

Frolova O.
Review of the Monograph Trofimov S. « Legal Regulation of Antiter a Terrorist Activity  in Ukraine»
In a review of an assessment study undertaken by Trofimov SA in the book « Legal regulation ofantiterrorist activities in Ukraine».