2013
Annotations, journal # № 2/2013
Piszko Robert. Optimum paradigm for interpretation and application of law
The article discusses how the actual basis of legal decisions can be hidden due to different ways of defining the content of law (interpretation of law) by people resolving court and administrative disputes. By different ways of establishing the content of law, in other words by manipulating the content of legal regulations, one may arrive at desired conclusions. The article attempts to present the paradigm of interpretation and application of law which enables verifying the approach of a lawyer by analysing the ethical correctness of his/her behaviour while determining the content of law in a way which is binding for others and those who decide in various proceedings.
Keywords: court disputes, law interpretation paradigm, ethics and ethos of a judge and officer as parties interpreting a legal text.
Baklan I.V., Selin I.M. E-parliament: modern approaches in decision making to support the lawmaking process
The article highlights the need to introduce modern mathematical methods of system analysis and forecasting in the e-parliament lawmaking process. Structural analysis of automated tools to be applied within information and analytical support system in the Verkhovna Rada chamber, in particular the programming modules for legislative error detection and correction, has been conducted.
Keywords: e-parliament, structural analysis, lawmaking process, programming modules, information and analytical systems.
Ilienok T.V. Combating corruption: international experience
Essential aspects of preventing and combating corruption in European countries have been analysed. Given the progressive aspirations of Ukraine to harmonise the national legislation to the legislation of the European Union, the analysis of international experience to identify the factors that may contribute to combating corruption in Ukraine, is provided. Insights into the advanced national anti-corruption strategy, the development of which is crucial in contemporary Ukraine, are provided.
Keywords: corruption, international experience, anti-corruption, anti-corruption
Sambor M.A. Mobile communication as an institution of the civil society information system
The article considers the issues related to the information system of civil society and the role of mobile communications in its structure. Approaches to understanding the civil society nature, functional significance of its information system, impact of mobile communications on the civil society members are analysed.
Keywords: civil society, information system, mobile communications.
Prylutskyi R.B., Shatilo V.S. On the definition of ‘corporation’ in the legal systems of Ukraine and the U.S.
The article provides a comparative analysis of the ‘corporation’ concept under the laws of Ukraine and the United States, an essential difference in the definition of the above notion has been demonstrated, recommendations to resolve the problem are offered.
Keywords: corporation, corporate enterprise, corporate rights, business associations, Commercial Code, legislation.
Oleinichuk O.M. Genesis of the millennium history of origins of criminal liability for nonpayment of wages on the territory of contemporary Ukraine
The article investigates the first origins of criminal liability on the territory of this country for the offenses envisaged by Article 175 of the Criminal Code of Ukraine.
Keywords: genesis, origins, historical background of development, criminal liability, nonpayment, wages, scholarship, pension, social security.
Shulgin V.V. Impact of the criminal procedure arrangement on the Ukrainian military legislation effectiveness
This article analyses the impact of sectoral legislation arrangement on the Ukrainian military legislation effectiveness. Legal technical and linguistic controversies in particular military regulation norms being formed at the stage of the criminal procedure legislation codification in the framework of judicial and legal reform have been revealed.
Keywords: judicial (military judicial) reform, abolition of military courts, elimination of military procuracy, codification of the criminal procedure legislation, implementation of the military legislation of Ukraine.
Myronenko V.P. Family as a fundamental institution of the child socialisation
The article explores aspects of the child’s socialisation in the family and the family upbringing. Benefits of the impact of such social institution as a family in shaping a child’s personality are determined.
Keywords: family, family upbringing, educational function of the family, socialisation of the child.
Matviichuk A.O. Personal non-property relations about favorable environment: subjective right structure
In this article the structure of the personal non-property right to a favorable environment was researched. Different points of view on this matter were generalized; on the ground of this analyze the author formulated her own position.
Keywords: subjective right structure; legal faculty; personal non-property right; favorable environment.
V.K. Matviychuk, I.O. Khar, T.F. Pogorielova An Official: Theoretical and Practical Issues
The article consideres the concept of "official", reveals the theoretical and applied problems of this phenomenon in the current legislation of Ukraine, resolves the applicability of paragraph 2 Art 89 of the Civil Code of Ukraine for the definition of "an official" of non-profit organizations, including NGOs and their associations. In addition, the paper proposes to solve the problem of officers and officials on the intersectoral level.
Keywords: official, officer, functions, applications.
Fytkovskyi S.M. Criminal and legal analysis of the subject of crime under paragraph 1, part 2 of the Article 115 of the Criminal Code of Ukraine
Based on the current legislation, academic papers and the research studies, the article offers an analysis of specific features of the subject of crime under paragraph 1, part 2 of the Article 115 of the Criminal Code of Ukraine. Special emphasis is made to the issues of age, as one of the main characteristics of the subject of the above crime.
Keywords: subject, intended murder, natural person, sanity, age, criminal liability.
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