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  • 1
    Online Resource
    Online Resource
    CONTENT AND FEATURES OF THE IMPLEMENTATION OF THE PRINCIPLE OF PRESUMPTION OF INNOCENCE IN THE FIELD OF JUVENILE JUSTICE
    Donetsk State University of Internal Affairs ; 2021
    In:  Ukrainian polyceistics: theory, legislation, practice Vol. 1, No. 1 ( 2021-04), p. 9-18
    Details
    In: Ukrainian polyceistics: theory, legislation, practice, Donetsk State University of Internal Affairs, Vol. 1, No. 1 ( 2021-04), p. 9-18
    Abstract: Today, the principle of «presumption of innocence» is recognized at the international and national levels as one of the basic principles of criminal proceedings. The object of this study is public relations in a specific area of children's rights – juvenile justice. The purpose of the article is to clarify the content and features of the implementation of certain aspects of the principle of «presumption of innocence» in the field of juvenile justice. The presumption of innocence is interpreted and used quite ambiguously, which is of interest to the study. To achieve this goal, general scientific and special methods of scientific research were used. The solution of the outlined tasks of the research was carried out taking into account the practice and position of understanding the content of this principle by the European Court of Human Rights. It is established that ensuring the presumption of innocence as a priority basis for the formation and implementation of child-friendly justice in Ukraine requires effective implementation in all judicial and extrajudicial or administrative cases, execution of court decisions with the participation of children. It is proved that the implementation of this principle in the juvenile justice system concerns not only the provision of procedural rights of a minor as a participant in criminal or administrative proceedings, but also other personal, social and cultural rights and freedoms of the child, the implementation or observance of which may be violated. It is emphasized that the content of the principle of presumption of innocence, as well as its actual implementation should always be correlated with the principle of ensuring the best interests of the child regardless of race, colour, sex, language, religion, political or other beliefs, national, ethnic or social origin, property the condition of the children themselves or their families or any other circumstances.
    Type of Medium: Online Resource
    ISSN: 2709-9261
    Uniform Title: ЗМІСТ ТА ОСОБЛИВОСТІ ВТІЛЕННЯ ПРИНЦИПУ ПРЕЗУМПЦІЇ НЕВИНУВАТОСТІ У СФЕРІ ЮВЕНАЛЬНОЇ ЮСТИЦІЇ
    URL: Issue
    URL: Journal
    URL: Article
    DOI: 10.32366/2709-9261-2021-1-1
    DOI: 10.32366/2709-9261
    DOI: 10.32366/2709-9261-2021-1-1-9-18
    Language: Unknown
    Publisher: Donetsk State University of Internal Affairs
    Publication Date: 2021
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  • 2
    Online Resource
    Online Resource
    INDIA CENTRAL INVESTIGATION BUREAU: HISTORY, LEGAL BASIS OF PROFESSIONAL ACTIVITY, TASKS, STRUCTURE
    Donetsk State University of Internal Affairs ; 2020
    In:  Law Journal of Donbass Vol. 73, No. 4 ( 2020), p. 11-19
    Details
    In: Law Journal of Donbass, Donetsk State University of Internal Affairs, Vol. 73, No. 4 ( 2020), p. 11-19
    Abstract: The law enforcement component provides for actions to ensure the rights and freedoms of citizens and protect the national interests of the state. It maybe done through the fight against organized crime, including international terrorism, the investigation of certain illegal acts, the restoration of an effective system of national security and defense. In the framework of this scientific and legal article, the author considered the history, legal basis of professional activity, structure and tasks of the Central Bureau of Investigation of India. Today's Indian CBI is a certain functional-targeted analogue of the American FBI, but does not cover, in contrast, the issue of threats to India's national security. Considering these subject aspects, the scientist turned to the current legislation of India on the professional activities of the CBI, the official website, as well as the scientific works of some domestic and foreign experts on this issue. An analysis of these and other sources revealed that the Central Bureau of Investigation of India today is a functional target of the US FBI, whose prerogative is to investigate a number of serious crimes throughout India, although, unlike the FBI, its professional rights in India states are significantly limited. The Bureau of Investigation does not carry out intelligence or counterintelligence activities, following the example of the FBI. The priority in the professional activities of the Central Bureau of Investigation of India is the investigation of criminal offenses, primarily corruption. Incomplete regulatory regulation of its activity remains a big problem for this body. The CBI's prerogative is to investigate a number of serious crimes throughout India, although, unlike the FBI, its professional rights in the Indian states are severely limited. A certain priority in the CBI's professional activities is the investigation of criminal offenses committed by government officials. First of all, we are talking about acts of corruption. A major problem for today's Indian CBI is the lack of separate clear legislation on its professional activities.
    Type of Medium: Online Resource
    ISSN: 2523-4269
    Uniform Title: ЦЕНТРАЛЬНЕ БЮРО РОЗСЛІДУВАНЬ ІНДІЇ: ІСТОРІЯ, ПРАВОВА ОСНОВА ПРОФЕСІЙНОЇ ДІЯЛЬНОСТІ, ЗАВДАННЯ, СТРУКТУРА
    URL: Issue
    URL: Journal
    URL: Article
    DOI: 10.32366/2523-4269-2020-73-4
    DOI: 10.32366/2523-4269
    DOI: 10.32366/2523-4269-2020-73-4-11-19
    Language: Unknown
    Publisher: Donetsk State University of Internal Affairs
    Publication Date: 2020
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  • 3
    Online Resource
    Online Resource
    ORGANIZATIONAL AND LEGAL BASIS OF CUSTOMS CONTROL PROCEDURE
    Donetsk State University of Internal Affairs ; 2021
    In:  Law Journal of Donbass Vol. 74, No. 1 ( 2021), p. 81-88
    Details
    In: Law Journal of Donbass, Donetsk State University of Internal Affairs, Vol. 74, No. 1 ( 2021), p. 81-88
    Abstract: The implementation of customs control occupies a significant share of the activities of customs officers. Customs control procedures make it possible to identify customs violations in a timely manner, to ensure the content of measures aimed at preventing customs offenses, reveals the possibility of identifying shortcomings in the work of customs officials who are responsible for a particular area of work. In addition, the customs control procedure reveals not only the shortcomings in the work of certain parts of the customs, but above all, establishes the level of compliance with the principles of customs control and performance of its functions. This thesis is based on the fact that in case of violation of these segments there is a certain area of activity, which usually acts as a zone of customs violations. At the same time, customs control helps to improve the quality of document flow and provides an opportunity to form more realistic information flows for management decisions. At the same time, customs control procedures provide an opportunity to determine the relationship between the elements of the organizational mechanism, to establish at what stage is the duplication of functional responsibilities of responsible persons, and on this basis to decide on its improvement in the future. However, these advantages of customs control are partially offset by a number of negative factors that have some impact on the effectiveness of the procedure itself. There are professional and scientific discussions about the content of negative factors influencing customs control procedures, among which the leading role is given to the shortcomings in the law-making process. Existing problems indicate the feasibility of conducting research in this area. The article highlights the existing problematic factors influencing the customs control procedures, reveals the legal regulations for their implementation and determines the content of the principles and functions that customs officers are obliged to adapt during their adaptation. Attention is paid to the expediency of expanding the functions of the customs control procedure, the advantage of such changes is outlined. The author's position of content of conceptual categories «customs control», «customs control procedure», «organization of customs control» with the substantiation of the chosen approach is offered. The specific features of the organization of the customs control procedure are revealed, the main tasks are determined and the directions of its improvement are established. The author's position on the expediency of choosing both legal and human factors in the development of measures to improve the customs control procedure is given. The relationship between the qualification level of the executors of control actions and the effectiveness of the customs control procedure is substantiated.
    Type of Medium: Online Resource
    ISSN: 2523-4269
    Uniform Title: ОРГАНІЗАЦІЙНО-ПРАВОВІ ОСНОВИ ПРОЦЕДУРИ МИТНОГО КОНТРОЛЮ
    URL: Issue
    URL: Journal
    URL: Article
    DOI: 10.32366/2523-4269-2021-74-1
    DOI: 10.32366/2523-4269
    DOI: 10.32366/2523-4269-2021-74-1-81-88
    Language: Unknown
    Publisher: Donetsk State University of Internal Affairs
    Publication Date: 2021
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  • 4
    Online Resource
    Online Resource
    PEQULIARITIES OF REFORMING THE NOTARY BODIES IN UKRAINE
    Donetsk State University of Internal Affairs ; 2020
    In:  Law Journal of Donbass Vol. 71, No. 2 ( 2020-06), p. 110-117
    Details
    In: Law Journal of Donbass, Donetsk State University of Internal Affairs, Vol. 71, No. 2 ( 2020-06), p. 110-117
    Type of Medium: Online Resource
    ISSN: 2523-4269
    Uniform Title: ОСОБЛИВОСТІ РЕФОРМУВАННЯ НОТАРІАТУ В УКРАЇНІ
    URL: Issue
    URL: Journal
    URL: Article
    DOI: 10.32366/2523-4269-2020-71-2
    DOI: 10.32366/2523-4269
    DOI: 10.32366/2523-4269-2020-71-2-110-117
    Language: Unknown
    Publisher: Donetsk State University of Internal Affairs
    Publication Date: 2020
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  • 5
    Online Resource
    Online Resource
    RESPONSIBILITY AS A PRIORITY TOOL FOR COMBATING SMUGGLING
    Donetsk State University of Internal Affairs ; 2021
    In:  Ukrainian polyceistics: theory, legislation, practice Vol. 1, No. 1 ( 2021-04), p. 142-150
    Details
    In: Ukrainian polyceistics: theory, legislation, practice, Donetsk State University of Internal Affairs, Vol. 1, No. 1 ( 2021-04), p. 142-150
    Abstract: The article outlines the existing types of liability for smuggling, describes the current state of damage caused by their presence in modern society. Reveals the author's assessment and position on the need to clarify the content of certain categories of the conceptual apparatus, which is devoted to the degree of responsibility for offenses that have the features of smuggling. The research contains the author's proposal to introduce into the Criminal Code of Ukraine the conceptual categories of «criminal liability for smuggling», includes a justification for this action. Attention is paid to the existing legislative initiatives on combating smuggling and corruption during customs clearance of goods, their content is revealed. The author's vision of improving the situation with the reduction of smuggling crimes on the basis of the proposed proposals is presented. The chosen direction of the research is relevant as it is aimed not only at outlining the key aspects of criminal liability for smuggling, but above all at developing certain measures to improve the situation at customs. From a scientific point of view, the study needs modernization in terms of clarifying the content of certain categories of the conceptual apparatus of the subject of study. The conclusions of the study are as follows. First, there is a fairly modernized legal framework in Ukraine, which discloses the degree of responsibility of persons who have committed a criminal or administrative offense related to smuggling. Secondly, the legislator clearly distinguished between the measures of criminal and administrative liability of persons who participated in smuggling operations, and it is important that the legislator defined the boundaries of the transition from administrative to criminal liability. Thirdly, the research indicated the expediency of clarifying the content of certain categories of the conceptual apparatus of the subject of study, namely the concepts of «criminal liability for smuggling» (a type of legal liability that gives rise to criminal relations between special authorities and persons who violated customs rules that have signs of smuggling in particularly large amounts, which is individualized in the conviction of the court) and «administrative liability for smuggling» (a type of legal liability that arises during administrative relations between legal entities in the field of violation of customs rules, which have signs of smuggling and are subject to administrative penalties by administrative jurisdiction). Fourth, the authors propose to include in the measures to reduce the level of smuggling: increase the material security of border guards and customs officers, equip «problem» areas of the border with a system of covert round-the-clock surveillance, observation and professionally trained staff, etc.
    Type of Medium: Online Resource
    ISSN: 2709-9261
    Uniform Title: ВІДПОВІДАЛЬНІСТЬ ЯК ПРІОРИТЕТНИЙ ІНСТРУМЕНТ БОРОТЬБИ З КОНТРАБАНДОЮ
    URL: Issue
    URL: Journal
    URL: Article
    DOI: 10.32366/2709-9261-2021-1-1
    DOI: 10.32366/2709-9261
    DOI: 10.32366/2709-9261-2021-1-1-142-150
    Language: Unknown
    Publisher: Donetsk State University of Internal Affairs
    Publication Date: 2021
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  • 6
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    Online Resource
    FEATURES OF FUNCTIONING OF INTRODUCTORY STRUCTURES IN LEGAL DISCOURSE (ON MATERIAL OF UKRAINIAN AND ENGLISH LANGUAGES)
    Donetsk State University of Internal Affairs ; 2019
    In:  Law Journal of Donbass Vol. 69, No. 4 ( 2019), p. 145-151
    Details
    In: Law Journal of Donbass, Donetsk State University of Internal Affairs, Vol. 69, No. 4 ( 2019), p. 145-151
    Type of Medium: Online Resource
    ISSN: 2523-4269
    Uniform Title: ОСОБЛИВОСТІ ФУНКЦІОНУВАННЯ ВСТАВНИХ КОНСТРУКЦІЙ У ЮРИДИЧНОМУ ДИСКУРСІ (НА МАТЕРІАЛІ УКРАЇНСЬКОЇ ТА АНГЛІЙСЬКОЇ МОВ)
    URL: Issue
    URL: Journal
    URL: Article
    DOI: 10.32366/2523-4269-2019-69-4
    DOI: 10.32366/2523-4269
    DOI: 10.32366/2523-4269-2019-69-4-85-93-145-151
    Language: Unknown
    Publisher: Donetsk State University of Internal Affairs
    Publication Date: 2019
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  • 7
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    Online Resource
    FACILITATION AS ONE OF THE CONDITIONS OF EFFICIENCY IN MASTERING THE FOREIGN LANGUAGE
    Donetsk State University of Internal Affairs ; 2020
    In:  Law Journal of Donbass Vol. 71, No. 2 ( 2020-06), p. 212-219
    Details
    In: Law Journal of Donbass, Donetsk State University of Internal Affairs, Vol. 71, No. 2 ( 2020-06), p. 212-219
    Type of Medium: Online Resource
    ISSN: 2523-4269
    Uniform Title: ФАСИЛІТАЦІЯ ЯК ОДНА З УМОВ РЕЗУЛЬТАТИВНОСТІ ОПАНУВАННЯ ІНОЗЕМНОЇ МОВИ
    URL: Issue
    URL: Journal
    URL: Article
    DOI: 10.32366/2523-4269-2020-71-2
    DOI: 10.32366/2523-4269
    DOI: 10.32366/2523-4269-2020-71-2-212-219
    Language: Unknown
    Publisher: Donetsk State University of Internal Affairs
    Publication Date: 2020
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  • 8
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    Online Resource
    ACTUALIZATION OF PROBLEMS AND NOVELS OF THEORETICAL AND LEGAL SEGMENTS OF CERTAIN BANKRUPTCY PROCEDURES
    Donetsk State University of Internal Affairs ; 2020
    In:  Law Journal of Donbass Vol. 73 ( 2020), p. 87-94
    Details
    In: Law Journal of Donbass, Donetsk State University of Internal Affairs, Vol. 73 ( 2020), p. 87-94
    Abstract: The article is devoted to the issues of actualization of problems and novelties in the context of theoretical and legal segments of the bankruptcy procedure. The activities of economic entities are influenced by external and internal factors, but the issues of their solution remain in most cases in the discussions of politicians, scientists and representatives of the business environment. The effectiveness of legal entities has recently proved that the application of bankruptcy proceedings has intensified. However, remediation issues do not always have and receive adequate support. The consequence of these phenomena is the cessation of activities not only of small and medium-sized businesses, but also of individual large businesses. The main task of modern enterprises on the verge of bankruptcy is to develop tools and tools that allow to predict and analyze potential crises, to design options for their resolution and the appropriate information and economic base of management. Practical entrepreneurial activity proves that a number of issues remain unresolved and need more in-depth research and attention. This phenomenon indicates the modernity and relevance of the study given the realities of the functioning of legal entities. The article draws attention to the legislative regulation of bankruptcy procedures, identifies the priorities of legislative initiatives. The question of the scientific position of scientists concerning the characteristic of the conceptual categories "bankruptcy" and "remediation" is investigated. The author's vision of the essential characteristics of these categories is given, the substantiation of expediency of their adaptation in activity of domestic enterprises is given. A package of anti-crisis management measures has been developed taking into account the current realities of doing business. Proposals for improving the legislative regulation from the standpoint of reorganization procedures are presented. The development, approval and adaptation of the "Regulations on the stages of remediation" is proposed. From the author's point of view, it is expedient to include in the structure of the legislative regulator: conceptual apparatus for reorganization procedure, definition of methods and techniques of evaluation of clearly defined criteria with establishment of their normative limits, coverage of monitoring procedures.
    Type of Medium: Online Resource
    ISSN: 2523-4269
    Uniform Title: АКТУАЛІЗАЦІЯ ПРОБЛЕМ І НОВЕЛИ ТЕОРЕТИКО-ПРАВОВИХ СЕГМЕНТІВ ОКРЕМИХ ПРОЦЕДУР БАНКРУТСТВА
    URL: Issue
    URL: Journal
    URL: Article
    DOI: 10.32366/2523-4269-2020-73-4
    DOI: 10.32366/2523-4269
    DOI: 10.32366/2523-4269-2020-73-4-87-94
    Language: Unknown
    Publisher: Donetsk State University of Internal Affairs
    Publication Date: 2020
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  • 9
    Online Resource
    Online Resource
    VICTIM'S CONSENT TO CONCLUSION OF A PLEA AGREEMENT IN CRIMINAL PROCEEDINGS
    Donetsk State University of Internal Affairs ; 2020
    In:  Law Journal of Donbass Vol. 73, No. 4 ( 2020), p. 125-133
    Details
    In: Law Journal of Donbass, Donetsk State University of Internal Affairs, Vol. 73, No. 4 ( 2020), p. 125-133
    Abstract: The purpose of the study is to determine the role of the consent of the victim in concluding a plea agreement between the prosecutor and the suspect (accused), as well as the specifics of the practical implementation of this aspect of criminal procedural compromise. The state acts as a guarantor of the private interests of every citizen, as well as protects the fundamental and publicly important interests that are designed to ensure the normal existence and development of society, seeks to reduce public resonance and negative impact of particularly serious crimes to restore the reliability and steadfastness of its institutions. This article examined the legal regulation of the institution of a plea agreement transaction in a criminal proceeding in which the victim or victims are involved. The institution of a plea agreement in the Criminal Procedure Code of Ukraine helps to save time in the investigation of crimes. The application of the transaction reduces the procedural costs of the state. At the same time, the level of efficiency in solving grave and especially grave crimes committed as part of an organized group or criminal organization is increasing. The burden on the system of judicial and law enforcement agencies is reduced, which leads to an acceleration of the pre-trial investigation of criminal offenses. An attempt has been made to highlight the techniques and methods of persuading the victim to provide the prosecutor with written consent to conclude an agreement with the suspect (accused). The described persuasion techniques help to obtain consent from the victim to conclude a plea agreement in a short time. These methods include such as: argumentation, suggestion, appeal to emotions and feelings. The persuasion process is the softest and most permissible, since it does not entail the emergence of false beliefs in the victim. At the same time, we consider the relationship between private and public interests in the implementation of the plea agreement. Each crime infringes on personal and private interests. The state must guarantee the protection of the established legal order. However, the victim should have the right to express his or her opinion freely in criminal proceedings. Therefore, the institution of a plea agreement cannot fully exist without the consent of the victim. Thus, the consent of the victim must be of an advisory nature, because to maintain the balance of private and public interests, it is important to encroach on public order and the degree of damage to public relations in general.
    Type of Medium: Online Resource
    ISSN: 2523-4269
    Uniform Title: ЗГОДА ПОТЕРПІЛОГО НА УКЛАДЕННЯ УГОДИ ПРО ВИЗНАННЯ ВИНУВАТОСТІ В КРИМІНАЛЬНОМУ ПРОВАДЖЕННІ
    URL: Issue
    URL: Journal
    URL: Article
    DOI: 10.32366/2523-4269-2020-73-4
    DOI: 10.32366/2523-4269
    DOI: 10.32366/2523-4269-2020-73-4-125-133
    Language: Unknown
    Publisher: Donetsk State University of Internal Affairs
    Publication Date: 2020
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  • 10
    Online Resource
    Online Resource
    IMPROVEMENT OF WEAPON CIRCULATIONS REGULATORY MEASURES IN THE CONTEXT OF ENSURING CONSTITUTIONAL RIGHTS AND FREEDOMS OF UKRAINIAN CITIZEN
    Donetsk State University of Internal Affairs ; 2021
    In:  Ukrainian polyceistics: theory, legislation, practice Vol. 1, No. 1 ( 2021-04), p. 100-106
    Details
    In: Ukrainian polyceistics: theory, legislation, practice, Donetsk State University of Internal Affairs, Vol. 1, No. 1 ( 2021-04), p. 100-106
    Abstract: This article addresses problematic issues of circulation, classification, and expert study of weapons. Approaches to lawmaking are offered to regulate the circulation of weapons in the country taking into account an essential understanding of such a heritage of human civilization as a weapon. Criteria that might become a matrix in creating and improving weapons circulation legislation are considering and analysis of available legal and regulatory framework in the area of administrative and criminal laws ensuring this activity in Ukraine is conducted. Ukrainian Criminal Code statutes are analyzed in details which on one hand protect citizens from illegal attempts using weapons and on the other hand make it impossible for law-abiding citizens to realize provisions of the Ukrainian Constitution regarding the defense of their own life and health, life and health of others from illegal attempts which could happen if such norms will be violated. Ukrainian national legislation problematic aspects in the area of the circulation of objects with firearm features and consequences for the nation are researched. Based on the analysis of weapon circulation experience, ways of improving national legal acts that regulate the circulation of similar products in Ukraine are offered. The normative documents that regulate the order of circulation in Ukraine of products with the characteristics of firearms, which the manufacturer classifies as devices of household, sports and special purpose, are analyzed. The basic requirements for alarming and signaling weapons, as well as starting pistols and revolvers by national standards and methods of ballistic examination are considered. The problematic aspects of the Ukrainian national legislation in the sphere of circulation of firearms objects and their consequences for the state are investigated. On the basis of the analysis of the European experience in regulating the circulation of alarm and signal weapons, ways of improving the national legal acts regulating the circulation of similar products in Ukraine have been proposed.
    Type of Medium: Online Resource
    ISSN: 2709-9261
    Uniform Title: УДОСКОНАЛЕННЯ НОРМАТИВНО-ПРАВОВОГО РЕГУЛЮВАННЯ ОБІГУ ЗБРОЇ В КОНТЕКСТІ ЗАБЕЗПЕЧЕННЯ КОНСТИТУЦІЙНИХ ПРАВ І СВОБОД ГРОМАДЯНИНА УКРАЇНИ
    URL: Issue
    URL: Journal
    URL: Article
    DOI: 10.32366/2709-9261-2021-1-1
    DOI: 10.32366/2709-9261
    DOI: 10.32366/2709-9261-2021-1-1-100-106
    Language: Unknown
    Publisher: Donetsk State University of Internal Affairs
    Publication Date: 2021
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