Національний юридичний університет імені Ярослава Мудрого ⚖ Головна ⓘ Довiдка
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1.
Gnatenko, K. V..
    Ukrainian social welfare system development in the context of european integration [Текст] = Формування системи соціального забезпечення населення України в контексті євроінтеграції / Gnatenko K.V., Vapnyarchuk N.M., Vetukhova I.A., Yakovleva G.O., Sydorenko A.S. // Journal of the National Academy of Legal Sciences of Ukraine. - 2020. - Vol. 27, Iss. 4. - P. 242-254
УДК
РУБ DOI: 10.37635/jnalsu.27(4).2020.242-254

Аннотация: At the stage of development of a new social security system in Ukraine, it is important to research and study all possible models and develop recommendations for the implementation of the most effective ones. The relevance of this study lies in the investigation of the regulatory framework that operates in Ukraine and the possibilities of its improvement and reform into a more specific regulation. The purpose of the study is to examine the basics and principles of the social security system, the study of existing social security systems that operate successfully in foreign countries. To investigate and analyse the possibilities of improving the social security system, the study used specific and general scientific methods of cognition, including the method of synthesis and analysis of literature sources, review of Ukrainian and foreign regulations on social security. The methods of information collection and processing, a comparative method, were used to research the possibility of implementing the experience of European countries in the Ukrainian social security system. The study examined the existing systems and models of organisation of social assistance to the population in different countries. The models of social assistance are compared, and the advantages and disadvantages were identified. The structure and prospects of the current system of social security of the population in Ukraine were studied and analysed. The most positive examples were identified for implementation in the current legal framework in order to improve and enhance the quality of social services in Ukraine. It was established that research and analysis of foreign experience would help identify the most effective models of social security. Analysing and studying the problem would allow to explore the disadvantages and advantages of the systems of different foreign countries. With the help of a step-by-step analysis, several principles of social security were identified, which would have the opportunity to become the basis for the development of the Social Code of Ukraine.

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2.
Shevchuk, V. M..
    Methodological problems of the conceptual framework development for innovation studies in forensic science [Текст] = Методологічні проблеми формування понятійного апарату криміналістичної інноватики / V. M. Shevchuk // Journal of the National Academy of Legal Sciences of Ukraine. - 2020. - Vol. 27, Iss. 2. - P. 170-183
УДК
РУБ DOI: 10.37635/jnalsu.27(2).2020.170-183

Аннотация: The paper investigates the development issues associated with the conceptual framework of the innovation studies in forensic science as a new research area in forensic science. The author studies the methodological problems of developing and grouping categories and concepts of the subject matter. It is substantiated that the level of development and validity of any scientific theory, including the innovation studies in forensic science, is determined according to the degree and level of development of its theoretical and methodological principles and the framework of categories and concepts of this theory. In particular, this refers to such concepts as forensic innovation, innovative forensic product, their functions, classifications, stages of the innovation process, etc. The study analyses the scientific approaches to understanding the basic categories of the matter under consideration, which are innovative forensic product and forensic innovation. The author offers their definitions, describes essential features and properties, and analyses the correlation of these concepts. Furthermore, the author analyses the general and universal dialectical method of rising from the abstract to the concrete and from the concrete to the abstract, including their role in the development of the conceptual framework of innovation studies in forensic science. The study notes that the methodological framework for the development and implementation of innovative forensic products and the application of forensic innovations in law enforcement also includes activity-based, system-structural, and technological approaches, the use of which is promising both in the study of basic concepts of innovation studies in forensic science and in the development of this forensic theory. The author articulates proposals and individual insights in the solution of particular debating points associated with innovations in forensic science and law enforcement practice. The study substantiates that a comprehensive approach to the development of basic concepts and categories of innovation studies in forensic science constitutes a methodological foundation for further research on this subject, which determines the promising areas for the development of forensic science.

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3.
Lukianow, D. V.
    Conflict of law regulation in cross-border copyright inheritance [Текст] = Колізійне регулювання транскордонного спадкування авторських прав / D. V. Lukianow, I. A. Shumilo, M. O. Lukan // Journal of the National Academy of Legal Sciences of Ukraine. - 2020. - Vol. 27, Iss. 2. - P. 49-63
УДК
РУБ DOI: 10.37635/jnalsu.27(2).2020.49-63

Аннотация: Inheritance is one of the legal means that ensure the effective implementation of copyright, therefore the protection of the interests of testators and their successors in cross-border matters is an important task of international private law. Modern national systems of inheritance and copyright operate independently. Due to the influence of economic, political and socio-cultural factors, the unification of substantive law of these industries is unlikely, so the conflict of law method of regulation remains dominant in this area. The paper highlights the main problems of conflict of law regulation of cross-border copyright inheritance and offers approaches to overcoming them. The authors address such issues as forms of manifestation of a foreign element in the relations of copyright inheritance; problems of distinguishing between intellectual and inheritance statutes; features of the application of the point of contact lex loci protectionis; the principle of territoriality, etc. Based on the analysis, it is concluded that the subordination of key issues of copyright inheritance to the conflict rules of the intellectual statute extends the principle of territoriality to these relations and necessitates multinational protection of these relations. The paper supports the opinion of scholars who criticise the concept of territoriality in matters of copyright protection, proving its ineffectiveness. Ultimately, the authors suggest that the tools of private international law allow for flexible approaches and do not equate copyright, which is more related to personal status, and industrial property rights, aimed at achieving commercial interests. It is proposed to achieve greater flexibility by detailing the scope of the conflict of law rules and establishing a system of conflict bindings, which will allow to choose the law that is more related to the circumstances of the case.

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4.
Shepitko, M. V..
    Criminal legislation trends in Ukraine (evidence from crimes against justice) [Текст] = Тенденції розвитку кримінального законодавства України (на прикладі злочинів проти правосуддя) / M. V. Shepitko // Journal of the National Academy of Legal Sciences of Ukraine. - 2020. - Vol. 27, Iss. 2. - P. 131-141
УДК
РУБ DOI: 10.37635/jnalsu.27(2).2020.131-141

Аннотация: The paper investigates the development of criminal legislation of Ukraine as exemplified in crimes against justice. To this end, the author approached the study of criminal law through the analysis of its development in the globalised world and in Ukraine. In this context, it is proposed to refer to criminal legislation as globalisational and to codification - as unified. This is caused by the rapprochement of countries in the world through the implementation of conventions and other international regulations and, consequently, the harmonisation of criminal legislation. In historical retrospect, the author constructed a historical map of crimes, misdemeanours, and offences against justice inherent in the criminal legislation of Ukraine in the 11th-20th centuries (based on the stage and initial possibility of their commission). It was determined that certain trends of establishing criminal liability for commission of criminal offences in justice will affect the development of crimes against justice: 1) implementation of international regulations; 2) ensuring the protection of the activities of international courts whose jurisdiction is recognised by Ukraine; 3) establishment of a system of criminal offences against justice through their division into groups in the structure of the corresponding section (division of the section into chapters). Such groups may be: 1) criminal offences in administration of justice; 2) criminal offences in enforcement of justice; 3) criminal offences in support of enforcement of justice. The use of these approaches allowed to develop the prospects of criminal legislation on crimes and misdemeanours against justice. Emphasis is placed on the fact that criminal offences (crimes) against justice are such acts that significantly differ in the severity of the offence, their social danger, and therefore the division of these criminal offences into crimes and misdemeanours should affect the procedural features of bringing the respective perpetrators to criminal responsibility.

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5.
Gusarov, K. V..
    Recognition of the fact of birth or death in the temporarily occupied territory under the rules of special proceedings [Текст] = Визнання факту народження або смерті на тимчасово окупованій території за правилами окремого провадження / K. V. Gusarov, O. I. Popov // Journal of the National Academy of Legal Sciences of Ukraine. - 2020. - Vol. 27, Iss. 4. - P. 161-171
УДК
РУБ DOI: 10.37635/jnalsu.27(4).2020.161-171

Аннотация: This study investigates the practice of application of the special civil proceedings, in particular the recognition of the fact of birth or death of an individual in the temporarily occupied territory of Ukraine. The study analyses certain regulations and legislative changes adopted to protect the rights and subjects of legal relations in connection with the armed aggression of the Russian Federation, committed to violate the sovereignty and territorial integrity of Ukraine, which is considered relevant to this subject. Attention is drawn to the difficulties of proving this fact, the specific features of the procedure for consideration of cases of this category, the subjective composition of procedural legal relations and the consequences of the entry into force of a court decision. In addition, the category of cases considered in the study is described by specific rules of jurisdiction. The purpose of the study is to analyse the practice of applying the rules of civil procedural law in cases of the specified categories. In this regard, attention is drawn to the application of the so-called Namibian Exception, developed in connection with the need to provide evidence related to their issuance in the temporarily occupied territories of the state. Therefore, the methods used to achieve the purpose of the study are conditioned by the need for scientific cognition of the described phenomena. Therefore, in preparing the study, a comparative legal method of legal regulation was used, which lies in a comparative analysis of the negative consequences of social and legal phenomena associated with armed aggression against Ukraine and other states, including the Republic of Cyprus. Hermeneutic interpretation was used to represent the legal provisions of other states. An analytical-synthetic approach was also used, which involves analysis and synthesis, in particular parametric synthesis. It lies in substantiation of necessity and sufficiency of set of indicators. The results and recommendations of the author include proposals for legislative consolidation of the specific features of consideration of civil cases by courts related to the protection of legal relations that have arisen (exist) in the temporarily occupied territory of Ukraine, and for improvement of the proof of certain legal relations.

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6.
Lukianov, D. V..
    The quran in shia jurisprudence [Текст] = Коран в шиїтській юриспруденції / D. V. Lukianov, H. P. Ponomarova, A. S. Tahiiev // Journal of the National Academy of Legal Sciences of Ukraine. - 2020. - Vol. 27, Iss. 4. - P. 29-42
УДК
РУБ DOI: 10.37635/jnalsu.27(4).2020.29-42

Аннотация: The Qur’an is the cornerstone of the Islamic religion and law and contains the revelation of Allah to the Prophet Muhammad; therefore, it is considered the Word of God. From a legal standpoint, the Qur’an has the highest legal force and any other sources of Islamic law that contradict the Qur’an are invalid. Islamic law is represented by Sunni and Shiite schools, each of which contains its individual legal doctrines and madhhabs (legal schools). The authors see a serious shortcoming in Ukrainian studies of Islamic law due to the lack of research on Shiite legal doctrine. The purpose of this study is to cover the meaning and role of the Qur’an in Shiite jurisprudence. Therefore, to achieve this purpose, the history of the compilation of the Qur’an was investigated. Since the Qur’an is the main source of law for both directions, this study examines the specifics of the interpretation of the Qur’an in Shiite legal doctrine. In this study, using a comparative legal method, the authors were compared the differences in the interpretation of the Qur’an between Sunni and Shiite exegetes. Nowadays, Islamic law is mainly realised through fatwas of mujtahids. To achieve this level, one of the necessary conditions is knowledge of the Arabic language, knowledge of tafsirs and Tawil, knowledge of the cancelled and abolishing ayats, the history of the sending down the ayats. These aspects will be considered in the study with a brief description. Particular attention was paid to the sources of interpretation of the Qur’an in accordance with the rules of Shiite exegesis. The study pays special attention to the sources of interpretation of the Qur’an in accordance with the rules of Shiite exegesis. It is established that Shiite exegetes recognise 6 sources of interpretation. However, Sunni translators use a wider range of sources, including methods of analogy and preference. These same methods are partially recognised by Shiites and may be part of such a method as a cause. Since Shiite jurists do not allow the use of personal opinion in legal decisions, it is clear that the use of methods based on personal opinion will be prohibited in the interpretation of the Qur’an. That is why so much attention is paid to rational methods in Shiite jurisprudence.

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7.
Ermolaev, V. M..
    M. Hrushevsky on the constituent power of the Ukrainian people [Текст] = М. Грушевський про установчу владу українського народу / V. N. Ermolaev // Journal of the National Academy of Legal Sciences of Ukraine. - 2020. - Vol. 27, Iss. 4. - P. 16-28
УДК
РУБ DOI: 10.37635/jnalsu.27(4).2020.16-28

Аннотация: The article notes that Ukrainian historians and jurists have the opportunity to study the rich creative heritage and new current aspects of the history of state and law-making in the works of MS Hrushevsky since the time of Gorbachev’s “perestroika”. Attention is drawn to the fact that Ukrainian historians and legal scientists have the opportunity to study the rich creative heritage and new current aspects of the history of state and law-making in the works of M.S. Hrushevsky. The study proves that modern Ukrainian researchers pay attention to the concept of “national idea”, state building of Kyivan Rus, the Cossack Republic of B.Khmelnytsky, the constitutional process of the period of the Ukrainian People’s Republic, theorganisation of the constitutional process in the works of prominent statesman, which is relevantto this day. It is emphasised that without studying this concept it is impossible to explore not onlythe history of the Ukrainian People’s Republic, but also the history of national statehood. Thestudy places emphasis on the importance of current issues of constitutional reform in Ukraine,making provision for continuity, taking into account the traditions and historical experience ofthe organisation and functioning of state power, the conceptual foundations of the exercise ofconstituent power. It is proved that the historical absence of legally regulated composition,competences, and procedures of the General, regimental and hundreds of Cossack councils gavethe tsarist government grounds to take over the right to allow or prohibit their convening,recognition or non-recognition of their decisions. Therefore, M. Hrushevsky defined thesupremacy of the people and its constituent power as the decisive factor in state formation.Hrushevsky was convinced that the “increased general material standard of living” of the people,spiritual culture, “a certain moral rigor is absolutely necessary for the success, development andfirmness of democracy… Only when the state, the community becomes not an empty sign, but areal centre of thought and will, the object of worship, religion, which it was for the ancientGreeks or Romans; only then the Great Ukraine will be built”.

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8.
Shepitko, M. V..
    To the problem of structure and classifications of criminal policy formation [Текст] = До проблеми формування структури та класифікацій кримінальної політики / M. V. Shepitko // Journal of the National Academy of Legal Sciences of Ukraine. - 2020. - Vol. 27, Iss. 4. - P. 282-293
УДК
РУБ DOI: 10.37635/jnalsu.27(4).2020.282-293

Аннотация: The existence of different approaches in the understanding of criminal policy and its relationship with the political and strategic categories of sciences of the criminal law cycle return to the renewal of approaches to the formation of the structure and types of criminal policy. Given the relevance of this topic, the article is devoted to the problem of forming the structure and classifications of criminal policy. To do this, the author turned to the sciences of the criminal law cycle and their existing research on political and strategic approaches to combating criminal offences (crime). This provided an opportunity to develop their own approach to determining the elemental structure of the criminal policy, consisting of: 1) the subject, purpose, method, principles and its consumers; 2) means, environment and professional participants in its implementation. Classifications of criminal policy “vertically” and “based on criminal law classification of criminal offences according to an object” were also provided. The division of criminal policy into types allowed to indicate the relationship between criminal law, criminal executive, criminal procedural, criminological, international criminal policy and criminalistics strategy with their generic concept - criminal policy. It is also important to consider them in unity, which will form strategies, programs, plans and algorithms in combating criminal offences, achieve goals and meet the objectives of regulations. The structure of criminal policy and its classification into types provides an opportunity to consider in more detail the strategic counteraction to criminal offences by means of public and state influence on the systemic reform of criminal justice and its bodies in the long run. Establishing common approaches to understanding criminal policy among scientists in the field of criminal law provides an opportunity to form it as a science or interdisciplinary and interdisciplinary institution with an appropriate structure.

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9.
Borisova, V. I..
    Alimony obligations of family members in the family law of Ukraine: Problematic issues of theory and practice [Текст] = Аліментні зобов'язання членів сім’ї в сімейному праві України: проблемні питання теорії та практики / V. I. Borisova, L. V. Krasytska // Journal of the National Academy of Legal Sciences of Ukraine. - 2020. - Vol. 27, Iss. 3. - P. 28-47
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РУБ DOI: 10.37635/jnalsu.27(3).2020.28-47

Аннотация: The relevance of the study of alimony obligations of family members in the family law of Ukraine is conditioned by both the latest approaches of the legislator to the regulation of alimony relations, and the problems of law enforcement practice in this area. The purpose of the study is to determine the features of alimony obligations of family members in the family law of Ukraine, to identify problems of legal regulation and enforcement of these obligations and to develop recommendations for their elimination. Methodologically, the study of alimony obligations of family members is divided into separate structural parts, which cover the general features of these obligations in the family law of Ukraine and the features of their individual types. The methodological basis for the study of alimony obligations of family members in the family law of Ukraine is developed at the philosophical, general scientific and special scientific levels. The study proves that the alimony obligations of family members are in essence family law monetary obligations that arise on the grounds specified by law or contract, are long-term and personal. It is proposed that one of the spouses be considered in need of financial aid if their monthly income (salary, pension, income from the use of their property, other income) is less than the minimum wage established by law. It is proposed to apply similar provisions to identify parents in need of financial aid in alimony obligations for the maintenance of disabled parents by adult children. It is argued that the change of the minimum amount of alimony to be collected from the alimony payer per child is not a basis for applying Article 192 of the Civil Code of Ukraine, but is a basis for changing the minimum amount of alimony specified in the writ of execution and alimony recovery, and is taken into account when determining the amount of alimony or alimony arrears. Other changes to the Family Code of Ukraine have been proposed to improve the procedure for collecting alimony for family members. The analysis of theoretical provisions of alimony obligations of family members and practical problems of law enforcement in this area and the development of proposals to improve family law is important for further research of family law obligations, will contribute to the development of an effective mechanism for exercising and remedy of the rights of parties in family legal relations and the establishment of the unity of judicial practice. © 2020, National Academy of Legal Sciences of Ukraine. All rights reserved.

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10.
Getman, A. P..
    Human life and health as an object of environmental law in the globalised world [Текст] = Життя та здоров’я людини як об’єкт екологічного права у глобалізованому світі / A. P. Getman // Journal of the National Academy of Legal Sciences of Ukraine. - 2020. - Vol. 27, Iss. 1. - P. 189-200
УДК
РУБ DOI: 10.37635/jnalsu.27(1).2020.189-200

Аннотация: The article examines the issues of legal protection of human life and health in the latest globalisation processes, which have covered all spheres of political, economic, financial, social, geographical and cultural life and are becoming a basic factor of humanity on the planet. These processes set new trends in the ecological development of the state, redefine the problems of environmental security due to the changing nature of the challenges and threats facing humanity. The unfavourable state of the environment and the need to ensure environmental safety require the adoption of adequate legal, organisational and other measures. It is believed that in these conditions a human, his life and health should be at the centre of the mechanism of legal regulation of protection and defence, environmental safety, especially the establishment of the legal status of citizens affected by the negative consequences of environmental danger and guarantees of such citizens. The state has a number of obligations to human to create conditions for his “environmental comfort”. Such obligations should be reflected in the environmental legislation of the respective states. Recently, urban areas have been becoming threatening, the uncontrolled expansion of which inevitably leads to disruption of the normal functioning of the biogeotic cover of the planet, and consequently - a negative impact on health and life of mankind and especially that part of it living in large cities or other cities. It turns out that the general unfavourable state of the environment makes new demands on environmental security, which in the context of globalisation and internalisation of environmental problems is becoming a dominant factor in global security, as the environmental situation worsens, requiring effective policies to improve it. © 2020, National Academy of Legal Sciences of Ukraine. All rights reserved.

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Умовні позначення місця знаходження

3_пов.(ЗПІ) – зала правової інформації, НБК

4_пов.(НАб) – абонемент наукової літератури, НБК

4_пов.(ДБФ) – довідково-бібліографічний фонд, НБК

5_пов.(З/П) – зала періодичних видань, НБК

6_пов.(АХЛ) – абонемент художньої літератури, НБК

6_пов.(ЗІЛ) – зала літератури іноземними мовами, НБК

7_пов.(Хр) – книгосховище, НБК

8_пов.(РК) – книгосховище рідкісних видань та дисертацій, НБК

НБВ – інформаційно-бібліографічний відділ, НБК, 7 поверх

Ст.Аб. – студентський абонемент, НБК, 5 поверх

Філ №1 – філія № 1 (вул. Динамівська, 4)

Філ №2 – філія № 2 (вул. Пушкінська, 106)

Полт. фак. – Полтавський юридичний інститут, м. Полтава