Національний юридичний університет імені Ярослава Мудрого ⚖ Головна ⓘ Довiдка
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1.
Tyshchenko, O. I..
    Features of application of precautionary measures for persons suffering from mental disorders: National dimension [Текст] = Особливості застосування запобіжних заходів щодо осіб, які страждають на психічні розлади: національний вимір / O. I. Tyshchenko, I. A. Titko // Journal of the National Academy of Legal Sciences of Ukraine. - 2020. - Vol. 27, Iss. 1. - P. 147-161
УДК
РУБ DOI: 10.37635/jnalsu.27(1).2020.147-161

Аннотация: The paper investigates topical issues of application of precautionary measures against persons subject to criminal proceedings for the application of compulsory psychiatric care in the context of international standards and interpretative practice of the European Court of Human Rights (ECHR). The purpose of this paper is to identify and analyse the specific features of applying precautionary measures to a person suffering from a mental disorder based on the materials of generalization of domestic law enforcement practice in criminal proceedings regarding the application of compulsory psychiatric care. Research methods are selected with consideration of the purpose, objectives, and subject of research. General scientific and special methods of scientific cognition (dialectical, statistical, comparative law, analysis, synthesis, generalization) were used in the work. The integrated use of these methods has contributed to an objective and comprehensive scientific study. Based on the analysis of the current legislation and judicial practice, the specific features of application of preventive measures in criminal proceedings regarding compulsory psychiatric care are singled out, namely: a) they are applied to a person suffering from a mental disorder; b) are selected only in criminal proceedings concerning the application of compulsory psychiatric care; c) have a specific purpose conditioned by the presence of a mental disorder from which the person suffers. The specifics of the applying the measures envisaged by Art. 508 of the Criminal Procedure Code of Ukraine (hereinafter referred to as the CPC) allowed to question the legitimacy of the legislative approach as to their allocation to the institution of precautionary measures in criminal proceedings. In particular, it was concluded that in contrast to the general purpose of application of precautionary measures stipulated by Art. 177 of the CPC (concerning the suspect, the accused, the condemned), for the purpose of applying precautionary measures envisaged by Art. 508 of the CPC (concerning a person in respect of whom the application of compulsory psychiatric care is stipulated) are: 1) prevention of risks of their possible illegal behaviour; 2) provision of qualified psychiatric care to them; 3) ensuring the person’s safety and the safety of others. In this regard, it should be noted that the position of the domestic legislator on the possibility of applying precautionary measures to persons suffering from mental disorders is subject to reasonable criticism of the legal community. The main argument in this debatable issue is that these persons cannot be subjects to which precautionary measures are applied, as the latter, according to the general rules, can be applied to clearly defined subjects of criminal proceedings - suspects, accused, and convicts.

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2.
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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3.
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
УДК
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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4.
Shylo, O. H.
    The role of the Supreme Court in the mechanism of ensuring the sustainability and unity of judicial practice: some aspects [Текст] = Роль Верховного Суду в механізмі забезпечення сталості та єдності судової практики: окремі аспекти / O. H. Shylo, N. V. Hlynska // Journal of the National Academy of Legal Sciences of Ukraine. - 2020. - Vol. 27, Iss. 3. - P. 128-141
УДК
РУБ DOI: 10.37635/jnalsu.27(3).2020.128-141

Аннотация: One of the means of ensuring the stability and unity of judicial practice is the decision of the Supreme Court, which deviates from the conclusion on the application of the rule of law in such legal relations. The current criminal procedural legislation of Ukraine clearly regulates the procedure for such a derogation, which is generally in line with the case law of the European Court of Human Rights and international recommendations in this area. However, this procedure has immanent significant features that require scientific analysis of the current procedural form in this segment with regard to its adequacy to the needs of ensuring the right of everyone to a fair trial and society’s expectations for reasonable predictability of court decisions. In view of this, within the framework of this study, the categories “unity” and “sustainability” of judicial practice as a subject of provision by the Supreme Court was carried out. To achieve this purpose, the authors used a set of modern general and special legal methods. The study considers the procedural order for the Supreme Court to deviate from the conclusion on the application of the rule of law in such legal relations; the legal nature of the issue of the hierarchy of legal positions of the Supreme Court is analysed. It is established that the key idea embodied by the legislator in the statutory model of the procedure for deviating from the opinion on the application of the rule of law is that the possibility of such a deviation from the opinion, depending on the composition of the court in which it was adopted and determines the “higher degree of significance” of such a conclusion and its application in further judicial practice. These areas were studied with the consideration of the recommendations of the Advisory Council of European Judges, as well as the relevant practice of the Supreme Court.

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5.
Zhuravel, V. A..
    Crime mechanism as a category of criminalistics [Текст] = Механізм злочину як категорія криміналістики / V. A. Zhuravel // Journal of the National Academy of Legal Sciences of Ukraine. - 2020. - Vol. 27, Iss. 3. - P. 142-154
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РУБ DOI: 10.37635/jnalsu.27(3).2020.142-154

Аннотация: The current stage of criminalistics’ development is characterized by the active formation of its general theory, the definition of the object-matter area of research in this field of knowledge. The relevance of the issues studied in the paper is due to the need of a modern scientific concept of the matter of criminalistics development, identifying the range of patterns studied. The paper is aimed at analysing modern scientific approaches to understanding the crime mechanism as a structural element of the matter of criminalistics science. To achieve this goal, general and special research methods such as dialectical, historical, formal-logical, system-structural, legal forecasting, system and semantic analysis were used. It is proved that the crime mechanism as a holistic system of circumstances, processes, factors that determine the emergence of material and other information carriers about the crime event itself, its participants, provides the opportunity to put forward working investigative versions, investigation planning, targeted search for the consequences of the crime, offender’s identification, victim’s identification, contributes to the criminal legal qualification of the offense, and therefore undoubtedly acts as an object of criminalistics’ cognition. It is emphasized that the crime mechanism only determines the occurrence of traces (material and ideal), and therefore traces as consequences and as a result of the reflective process go beyond its internal structure (building). Therefore, the process of reflecting the crime mechanism in the environment, and hence the emergence of information about a crime and its participants should be considered as a separate aspect of the matter of criminalistics. It is noted that the criminalistics teaching on the crime mechanism studies the nature, essence and content of the functional side of criminal activity, patterns of interaction of participants of a criminal event with each other and with the surrounding material situation (environment), as well as patterns that determine the sources of criminalistics’ significant information on the crime itself and its participants. The process of direct formation of material and ideal traces, the patterns of reflection of the necessary information in them should be studied by another separate criminalistics teaching on the mechanism of trace formation. Attention is paid to the fact that the crime mechanism has connections with other categories of criminalistics and, above all, with the crimes’ criminalistics characteristics. It is stated that crimes’ criminalistics characteristics is a scientific abstract category, which reflects the qualitative and quantitative information of retrospective orientation as a result of cognition of the mechanism of certain types of crimes, i.e. that the crime mechanism is a reflected object, and criminalistics characteristics is a form of its reflection.

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6.
Zhuravel, V. A..
    Criminalistics’ language: Concept-terminological apparatus formation [Текст] = Мова криміналістики: формування понятійно-термінологічного апарату / V. A. Zhuravel // Journal of the National Academy of Legal Sciences of Ukraine. - 2020. - Vol. 27, Iss. 1. - P. 162-176
УДК
РУБ DOI: 10.37635/jnalsu.27(1).2020.162-176

Аннотация: Any theory assumes the presence of its terminological apparatus - a language that is created to solve specific scientific problems and is designed to describe the relevant subject area; in criminalistics, it also serves as an effective means of thinking, should be highly specialised to reproduce the uniqueness of the subject of study, which actualises the study in this direction. Scientific approaches to the formation of the criminalistics’ language, its conceptual and terminological apparatus, through which this science describes its subject of study, were considered. It is emphasised that the development of science is determined primarily by the formation of its language as a system of general and individual concepts, which are reflected in certain terms, signs. It was stated that the criminalistics’ language is a complex, multilevel, holistic system, the elements of which are categories, concepts, terms, signs, symbols. Attention is drawn to the fact that during the development of criminalistics there is a continuous improvement of its language, clarification of definitions, enrichment of the terminological dictionary (thesaurus). It was noted that the current state of development of criminalistics, the formation of promising doctrines (theories) necessitated the introduction into its scientific apparatus of a large number of new concepts, terms, signs, through the use of various linguistic approaches, terminological elements, lexical units. The innovations concern not only the general theory of criminalistics, but also its main sections - techniques, tactics and methods. In this case, the criminalistics’ language, its conceptual and terminological apparatus must develop under certain criteria and conditions defined in both special and forensic literature. The rejection of traditional approaches to the definition of certain forensic concepts, the desire for innovation and unification always require special care and comprehensive justification.

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7.
Shylo, O. H..
    Legal means of procuring the unity application of the criminal procedure law [Текст] = Правові засоби забезпечення єдності застосування кримінального процесуального закону / O. H. Shylo, N. V. Hlynska // Journal of the National Academy of Legal Sciences of Ukraine. - 2020. - Vol. 27, Iss. 2. - P. 156-169
УДК
РУБ DOI: 10.37635/jnalsu.27(2).2020.156-169

Аннотация: Ensuring the unity of judicial practice is the implementation of the legal certainty principle, which is considered as the part of the rule of law, ensures the predictability of court decisions. At the theoretical level, the issues of the unity of judicial practice are mostly the subject of research in the context of judicial reform and the judiciary, but comprehensive research on this issue in the field of modern criminal justice is almost absent. The purpose of the study is to establish a system of legal means to ensure the unity of judicial practice. The methodological basis of the study was based on general and special methods, namely: dialectical, systematic, formal-legal and logical methods. The authors provide a brief overview of the theoretical provisions that determine the socio-legal value of the unity of law enforcement practice. The concept of “unity of judicial practice” in the field of criminal proceedings is analyzed and it was emphasized the usage of the approach of understanding the unity of judicial practice as a synonym of equal (adjustment) application of procedural and material norms in homogeneous categories of court decisions, which are adopted in the course of criminal proceedings. It is established that the limit of permitted differences in the application of the law is quite flexible and informal. It is established that the quality of the law cannot be assessed in isolation from the practice of its application. The authors also emphasize the instrumental role of judicial practice in the general mechanism of ensuring uniformity of law enforcement. A position was expressed on the role of explanations of the Plenum of the Supreme Court in the general mechanism of ensuring the unity of judicial practice. It is established that the system of legal means to ensure the unity of application of the law in the field of criminal proceedings consists of a set of interrelated elements. The results of the study can be used in further scientific development of the problem of ensuring the unity of judicial practice, scientific substantiation of proposals aimed to improve the current legislation of Ukraine, which regulates the issues that have become the subject of this research.

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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.
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
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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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10.
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
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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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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