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Vol. 25 (64), № 2. 2012
Juridical Sciences

Abasov G.G.
The Judicial Quarantees of Quard and Defence of Rights for Local Self-Government: Problems of Theory and Practice
Annotation.  In the article probed and analysed judicial guarantees of rights for local self-government in  Ukraine.

Adelseitova А.
Comparative Legal Analysis of Certain Issues of Responsibility of Deputies of Ukraine  and Belarus
In the article on the basis of comparative legal analysis  examined the question of responsibility of parliamentarians in Ukraine and Belarus. Studies the issues of sanctions, theoretical bases and practical aspects of  parliamentary responsibility in the legislation of the Republic of Belarus and Ukraine.

Zholobova G.A.
The Legal Regulation Mechanism of Artificial Sugary Substances and Food Products Contained  Sugar Trade in the Russian Empire at the turn of XIX-XX centuries
The article raises the actual problems of food production, which bothered our countrymen a century ago. The author  shows the difficulties of struggle with falsification of food production. Having scrutinized archival records and analyzed  normative acts of the Russian Empire, the author had revealed the specific character of legal regulation mechanism of trade  of sugary substances and other food products contained them at the turn of XIX-XX centuries. To secure protection of state  fiscal interests, the mechanism was used to counteract the widespread sugar falsification and dishonest competition at the  food production market.

Zalozny N. Yu.
Fundamental Normative-Legal Bases of Health Resort Business in Crimea
The article detailsthe first stage of organization, of legal base, of health resort business in Crimea. The  fundamental normative-legal acts, which were enacted on the early stage of this process, are systematized. The  mechanisms of implementation of legal documents at the local level are examined and dynamics of theirs development is analyzed.

Kaschenko S.G., Taran P.E., Shevchenko V.I.
Legal Adjusting of the Land Relations in the Crimea at the Time of P.N. Vrangele Rule. (March- November 1920 year)
For strengthening the positions in the fight against bolshevics by the creation in the country  a numerous  layer of well-to-do peasants – land-owners, in 1920 P.N. Vrangel published a number  of normative - legal  acts, directed on limitation of large agrarian property and providing  peasants in the Crimea with land.

Klimenko V. F. 
Judicial - Legal Reform of Various State Formations on the Grounds of Modern Ukraine from VII Iitem up to ad. on XVII Item ad: Hystorical-Legal Aspect
Using a method of materialistic dialectics the author has tried to show with the objective validity  origin of statehood, the government and its structural elements, and also development, perfection, and in a  result reforming of legal, judicial systems and legal proceedings on the grounds of modern Ukraine from slaveholding and feudal serfdom the state formations.

Kurylyuk Yu.
Initiation of Criminal Responsibility of Border Guards at the Ukrainian Black Sea Region
Issue on appearance of criminal responsibility of militaries for violation of rules of military line of duty,  particularly Border Guard duty, in the Black Sea region in antique time and while being of the Ukrainian territories under the power of the Gold Horne as well as influence of the Mongolian-Tartarian law on the criminal  law of Ukraine at that time are searched in the Article.

Latysheva Е.V.
Life insurance of the Ukrainian Peasants in 20th ХХ Item
Topicality consists in the detailed analysis of the process of establishing of the system of life insurance of the Ukrainian peasants, in the exposure of reasons of unpopularity of the Soviet system of private insurance which being the voluntarily type of insurance did not find mass support of rural population.  Unfortunately insurance of rural population has dropped out of sight of researchers and that is why it deserves thorough investigation.

Lyashenko R.D.
Legal Argumentation in the Law-Making
In article definition of the legal argumentation is offered. Features of realisation of the legal argumentation at stages of law-making process are analyzed. The conclusion is drawn, that in law-making the legal  argumentation can be used as a rational and irrational.

Maltseva E.
Theoretical and Legal Foundations of the Essence of the Executive Power
Investigate the nature of the executive power to improve the quality of its operations and refocus on the  rights and freedoms of man and citizen. Summarizes the achievements of science and study the theory of law  and legal practice both domestic and international experience in the organization of the executive branch.

Omelchenko T. V.
Institucializaciya to the Legal Aid in Ukraine
The process of consolidation of public relations in the sphere of provision and acquisition of legal assistance in the framework of legal norms in Ukraine is analyzed.

Panova N.S.
Principle of Legality in the Process of Development of State Administration
Investigates the basic problems of forming the juridical administrative bases of legality in the sphere of  executive authority. The contains a  number of author's propositions concerning improvement of legislation  system as to legal maintenance of state management reforming at the present stag.

Khalilev R. A.
Mizhetnichni Contradictions are a Factor of International Conflicts
Examined question of міжетнічних contradictions as one of factors of міжетнічних conflicts.

Sharmoyants A.N.
Prospects of Development of Regionalism in Europe
The article considers the main stages of regionalism in Europe. Analyzed some of the features and possible prospects of development of regionalism in the European Union and its impact on Ukraine, while maintaining its foreign policy of European integration.

Shukayilo Т.I.
Тhe Aktual'nye Aspects of Counteraction a Corruption
This article deals with the problem of corruption. Corruption is one of the most acute issues among    the global problems of the present, on its decision depends further development of the world community in  the new century. This article promotes an anti-corruption strategy that rests on economic development, democratic reform, strong civil society and supremacy of law. Basing on these principles the author recommends  concrete measures to be implemented at the national and international level and emphasizes the need for coordination with economic and social policy and the development of civil political culture. The importance of  research consists in the fact that recommendations given by the author can be used in the practice of anticorruption drive in any modern state.

Bekirova E.E.
Improvement of Economic Legislation in the Aspect of Restoring Solvency  Stock Company or Declaration of Bankruptcy
The article deals with some aspects of the regulations  solvency restoration or recognition bankrupt company. Based on the analysis of the provisions of the updated legislation proposed ways to improve economic legislation in the field of regulatory solvency restoration company or a recognition of its  bankruptcy.

Biryukova N.
Theory-legal Aspects of Concept Determination of Law Property and State Law Property  in Ukraine
The article is devoted to scientifically theoretical property notions, law of property and government property.  Law of property is submitted in economics and juridical aspects, and also in objective and subjective meaning.  Law of government property is considered through the prism of current legislation.

Valitov S.S., Grudnitsky V.M.
The Questions of the Competition’s Legal Support on the Retail Market
The article studies the problems of application of legislation on economic competition protection on the Retail Market. The study results in proposals prepared to improve the antitrust rules in commercial law.

Mukhamedova Е.E.
The Genesial Rights for Physical Personality in the System of the Personal Unproperty Rights
The article deals with theoretical legal analysis of reproductive rights as the personal non-property right of natural persons on a health. The legislative reserving of this right is investigational, both at national  level and his normative settlement at an international level.  The views of scientists are considered to determination privately-legal nature of reproductive rights.

Pereverzev A.N., Zagrisheva N.V. 
Franchise Agreement in the System of Economic Agreements of Ukraine
Question the place and role of a commercial concession in the system of economic agreements of  Ukraine studied in the article, also argued the need to define the essential terms of the contract to the Commercial Code of Ukraine.

Rozumovich I. 
Features of Bankruptcy Higher Dangerous Companies according to New Ukrainian law «About Re-Establishment of Solvency of Debtor or Bankruptcy»
The research article makes an investigation into the matter of reflection in the current bankruptcy laws  of the peculiarities of bankruptcy of high-risk enterprises, identifies the disadvantages, which require further  scientific investigation and introduction of amendments to the current legislation of Ukraine.

Samko Andrey.
The Concept and the Historical Development of Arbitration in the Legislation of the  Republic of Belarus
In the article the author examines the questions of historical formation of the arbitration proceedings as  an independent type of proceedings, the author analyzes the concept of the arbitration court according to the  legislation of the Republic of Belarus.

Samoyilov M.
National Law Regime as a Basis of Ukrainian International Agreements in Inheritance  of Real Estate
The article focuses on the influence of the legal institution of national law regime to the norms of  international treaties on legal assistance in civil matters regarding inheritance and the inheritance of all real  estate in particular.

Shurupova K.V.
Prospects of Improvement of the Legal Adjusting of Access and Distribution of Information by means of Network the Internet
In research an author examines actuality of problems of the legal adjusting of access and distribution of  information by means of network the Internet, development of Internet-relations in Ukraine and their influence  on becoming of national informative society in our country. An author gives a decision to such concepts, as:  "web", web "page", "content" and "audiovisual content". In research an idea speaks out that very soon society  will give up application of term "medium of communication", as it will be possible the last to count the wide  circle of facilities of distribution of information among an unlimited audience. The special attention is spared  to research of the modern state and prospects of  development to adjusting,  access and distribution of  information by means of network the Internet.

Ardashev R.G., Kitaev N.N.
About the Invented Serial Killers of Ukraine
The article is devoted the study of authenticity of publications about some serial killers of Ukraine. The  results of searches are expounded, some myths and legends, accompanying description of обстоятельтсв of  these severe crimes, are disrobed.

Bodaevsky V.P.
“Martial Law”, “Battle Situation” and “ the Time of Stay at Military Service”, as  Special Circumstances of Criminal Law Action Concerning Military Crimes in Time
The article is devoted to the problem of the action of criminal responsibility law concerning military  crimes in time. Within the framework of this research the analysis of specific circumstances of time has been  conducted and the mechanism of their influence on the action of criminal law concerning military crimes in  time has been investigated.

Bugaev V.
Istorichesky's Bulls Aspect of the Criminal Liability for Causing of a Property Damage  by a Deceit or Breach of Confidence
Article considers historical conditionality and necessity of a criminally-legal interdiction for causing  of a property damage by a deceit or breach of confidence in its genesis and a place of this rule of law in system  of crimes operating criminal offence Ukraine.

Voloshin I.A.
The Principle of Equality of Citizens in Criminal Law: a Comparative Analysis of the Legislation of Ukraine and Russian Federation
The article analyzes the theoretical questions of equal protection of the law as one of the basic statements  of the legal provisions established for applying criminal legislation of Ukraine and Russian Federation.   In the article are conclusions regarding the general equality of citizens of Ukraine and Russian Federation  as a single legal framework of the criminal law.

Zakharov D.A., Rudenko A.V.
The Court's Role in the Formation of the Evidentiary Basis for Criminal Proceedings
The article is devoted to theoretical and practical problems of judicial involvement in the review and  evaluation of evidence in criminal proceedings. Having considered the relevant powers o the court safeguards  for trial participants and purpose of criminal proceedings.

Maslyukov D.A., Vospyakova O.F.
Тo the Question about Exceeding of Limits of Necessary Defensive
This article deals with the problem of one of the most complex, from a practical point of view the  question of the criteria of differentiation of self-defense and exceeding its limits. The authors explore the development of legal institutions in different historical periods, analyze the current state of the criminal law in  various countries. The authors express their view on the issue of improving the definition of excessive force in  the legislation of the Republic of Belarus.

Radionov I.I. 
Illegal Circulation of Disks for Laser Systems of Reading, Matrixes, the Equipment and  Raw Materials for their Manufacture: Questions at Issue of Criminally-Legal Qualification
Work is devoted problems of criminally-legal qualification of the crime provideаd by article 203-1 of  Criminal Code of Ukraine «Illegal circulation of disks for laser systems of reading, matrixes, the equipment  and raw materials for their manufacture. On the basis of the analysis of the legislation regulating a turn in  Ukraine of disks for laser systems of reading, matrixes, the equipment and raw materials for and manufactures,  and also structure of the crime provided by article 203-1 of Criminal Code of Ukraine, are established maintenance limits in this criminally-rule of law statutory acts of other branches of the right. It is proved that the subject of a considered crime is any person who is carrying out activity with signs economic. At copyright infringement and the adjacent rights during fulfillment of illegal circulation of disks for laser systems of reading  or other provided article 203-1 of Criminal Code of Ukraine of acts, perfect it is necessary to qualify by rules  of ideal set of the crimes provided by the item of articles 203-1 and 176 of Criminal Code of Ukraine.

Skvortsova O.V.
Concept of Crimes in the Field of Economy
Many-sided nature and indeterminacy of present concepts of economic crimes are analysed in the  article; author’s defenition of "crimes in the field of economy" is offered, taking into account positions and  structure of current domestic criminal legislation.

Chebotareva G.V.
Improper Performance of their Professional Duties Edical or Pharmaceutical Employee: Problems of Criminal and Legal Characteristics of Objective Crime Attributes
The author discusses the signs of objective side of a crime, foreseen in article 140 of the Criminal  Code of Ukraine (improper performance of their professional duties by  medical or pharmaceutical employee), and proposes to criminalize the unwarranted medical intervention.

Chernetsky О.K.
Prognosticheskaya Activity of Investigator during the Leadthrough of Investigation Experiment
Questions are considered in the article, in relation to activity of investigator during the leadthrough of investigation experiment, namely to prognostication of experimental actions, that above all things is the  mortgage of providing of efficiency  of his leadthrough. Theoretical basis of investigation experiment is  analysed. Lighted up questions in relation to prognostication of prospects and possibilities of leadthrough of  investigation experiment an investigator on the stage of preparation to him.

Yurchenko L., Zababurina A.
Bringing Criminal Charge - as the Stage of the Criminal Proceedings
This article analyzes the criminal and the new criminal procedural legislation of Ukraine on brining  criminal charge - as the stage of the criminal proceedings against the standards of the CPC of Ukraine (1960).

Belevtseva V.
Administrative Legal Regimes of Providing of Stability of the State
The article is devoted to research  of question in relation to the ground-states of stability of the state. The  authors seeing is in-process resulted on the administrative legal regimes of providing of stability of the state,  given their description and suggestions in relation to subsequent their strengthening.

Bilyaev v.O.
The Modern State and Problems of the Legal Providing of Activity of Subdivisions of  Criminal Search of OVS Ukraine 
The issues of the day of the normative-legal  providing of activity of subdivisions of criminal search of OVD of Ukraine are considered in the article. The prospects of legislative and  department regulation of  questions of organization of activity of operative employees are certain.

Bludova S.V.
The Material and Technical and Financial Constituent of Administrative Activity of Militia in Relation to Providing of Ecological Safety
The article analyzes the current state of logistical and financial support for administrative work of the  police in the field of ecology. Make certain scientific conclusions provided suggestions for improvements,  consider ways to reorganize the financing of Internal Affairs of Ukraine, as well as possible ways to create an  effective mechanism of social security law enforcement.

Veligodsky D.
Interaction of Executive Power with other State Authorities
The article examines the definition of interaction of executive power and the specific constitutional and  legal status of various types of bodies of executive power of Ukraine and foreign countries with different  forms of government. The questions of the political responsibility of the government and the effectiveness of  the parliamentary system.

Kirin R.S.
Subjects of an Expert Evaluation of Geological Legal Relations
The article describes the collective and individual subjects in the geological legal relations of examination and evaluation of mineral resources, a proposal is made for a draft Law of Ukraine "On the State Geological expert examination."

Kovalenko T. O.
Defects of Legal Facts and Legal Compositions in Ukrainian Land Law
The current situation and the reasons of the defects of legal facts and legal compositions in the sphere of  land relations’ regulation as one of the forms of legal defects in Ukrainian land law have been investigated.  The classification of such defects has been made and their impact on the effectiveness of land relations’ legal  regulation has been justified.

Nimko O.B.
Legal Issues of  Property Evaluation  Regulation by the State for Taxation Purposes
The article deals with the analysis of legal issues of state regulation in determining face value of  goods fortaxation pursoses. It investigates  the state bodies conducting regulation in this sphere. It draws the  conclusing as to the importance of legislation ammendment.

Romanyuk L.V.
Patronage Service in Ukraine: Current Status and Development Prospects
The article analyses the essence of the patronage service institution in Ukraine, scrutinizes the administrative and legal status of a state employee as well as spotlights the specificities of the said institution.  Based on the analysis conducted by the author conclusions and proposals are offered regarding improvement  of legislation concerning the passage of patronage service in Ukraine.

Voronina Е.O.
Тhe Quarantine Measures in the Pools of Baltic and White Maureies of the Russian  Empire in the ХIХ beginning of ХХ cc.
The process of development of quarantine measures is in-process considered on the coast of Baltic and  White Maureies of the Russian empire, accepted mainly by international cooperation and bringing in of quarantines of Norway, England, Denmark, Sweden.

Engoyan S.
Qualifying Demands of a Person who is Determined to Become an Arbitration Administrator: Comparative Analysis of Current and New Amendments to the Law of Ukraine «About the Reestablishment of Solvency of a Debtor or Bankruptcy»
The problems of innovations intro the law of Ukraine «About the re-establishment of solvency of a  debtor or bankruptcy» are considered in this article. Special attention is paid to relatively qualifying demands  of a person, who is determined to become an arbitration administrator.

Zagoruyiko O.F.
Some Questions of Legislative Guarantees of Right on Vacations, as to the Constituent of Right to Rest in the Modern Legislation of Ukraine
The volume of the legal adjusting of right for a worker on vacation in a labour righ is certain. The basic  types of vacations and mechanism of their providing in a domestic legislation are analysed. The basic guarantees of right on vacation and mechanism of their realization are analysed.

Zmerzlaya  Е.P.
Creation of the Judicial Systems of «Free City of Krakova» and «Reign of Polish»  (1815 – 1832)
Work is devoted the study of legislative bases of forming of the judicial systems of free city of Krakova  and reign Polish in 1815. The features of their forming, submission, activity, providing of independence of  judges, their electiveness, influence of class factor on work of these judicial systems, are considered.

Koshman A.V.
Some Aspects of the Development Status of the Prosecutor in the State
The article highlights the prospects for the development status of the prosecutor in the state, s response to  changes in legislation, an emphasis on the development of guarantees independence of the prosecutor,  addresses the need to define the status of the prosecutor in his resignation.

Kurabtseva А.P.
Legal Frameworks of Creation and Activity of Courts of Honour in Military Powers of the Russian Empire
The process of creation, legal providing of activity, organizational features and evolution of institute of  courts of honour, is in-process probed military powers of the Russian empire in XVIII – XIX cc. Collected and  treated basic legislative acts, the detailed motion of forming of this institute is exposed on the extent of two.

Parshicheva I. E.
International Legal Aspects of the Rights of National Minorities and their Implementation in the Legal System of Ukraine
The article examines the international instruments on human rights and provides an analysis of compliance  with the legal status of national minorities in Ukraine international standards.

Pasechnik O.S.
Legal Analysis of the Formation the Party Lists
The article deals with the process of formation of party  lists. Analyzes the current electoral system in  Ukraine. The features of the formation of the party  lists of foreign countries. Clarified weaknesses of the  process of  formation the party lists in Ukraine.

Radayide D.S.
Development of the Custom System of Russia on the European Border in 1811 –1819
In the article the problem of organization and becoming of custom organs of the Russian empire         isprobed in this period on the basis of acceptance of «Establishment of the Customs office on European trade»  from 1811 A structure, control the system and basic directions of development a custom network, states of  custom establishments, is examined.

Creation of the Judiciary in the Tauride Region in the 80 - 90 years of the XVIII Century
The creation of the system of judicial bodies which took into account such factors as the administrativeterritorial division of the territory, the multi-ethnic composition of its population and the belonging of its  individual groups to different confessions is examined in article on  the basis of archival and other  documentary materials.

Zmerzly В.V.
Review on the Monograph of S.P. Shendrikovoy «History of Theater in Crimea (1820 – 1920)»
The article is devoted the analysis of this monographic edition. The row of wishes and remarks of not  carrying is outspoken of principle character. Enormous labour underline conducted an author on collection and  systematization of the developed problem.

Kovalenko L.P.
Subjects of the Informational Legal Relationship
A concept, essence, features of subjects of informative legal relationships, is considered, classification  over of subjects of informative legal relationships is brought. Offered classification, on an idea, authors will  simplify their choice in practice; an informative legislation will allow correctly applying.