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Vol. 4(32)

Spis treści

  • Author: The Editors
  • Year of publication: 2021
  • Source: Show
  • Pages: 3-4
  • DOI Address: -
  • PDF: ksm/32/ksm32toc.pdf

Адміністративно-правовий захист прав поліцейського в Україні

  • Author: Khrystyna Solntseva
  • Institution: Yaroslav Mudryi National Law University
  • ORCID: http://orcid.org/0000-0001-9404-8029
  • Year of publication: 2021
  • Source: Show
  • Pages: 7-24
  • DOI Address: https://doi.org/10.15804/ksm20210401
  • PDF: ksm/32/ksm3201.pdf

Administrative and legal protection of police officer’s rights in Ukraine

The article deals with some aspects of social and legal protection of police officer’s rights in Ukraine and the problem of administrative and legal support of socio-economic rights of police officers and mechanisms for their implementation. Attention is paid to the issue of imposing disciplinary sanctions on the police in the context of the institute of protection of police rights. An important factor of proper functioning of the police system is the wellestablished interaction of police bodies with society, which provides a structure of relations where government agencies and the population actively cooperate to solve problems of public importance. It is determined that the police system of any country is based on several basic tasks, which determine the direction of law enforcement agencies of the country as a whole. Such tasks include ensuring law and order, protecting fundamental human rights and freedoms, preventing riots, investigating criminal offenses, and preventing the occurrence of dangerous and resonant events that may threaten the peace of society.

поліцейський орган police body administrative and legal status social and economic rights police unions disciplinary action

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Диспозитивність норм як основа договірного регулювання господарських процесуальних відносин

  • Author: Galyna Puzanova
  • Institution: Odessa National Maritime University
  • ORCID: https://orcid.org/0000-0003-4544-5604
  • Year of publication: 2021
  • Source: Show
  • Pages: 25-40
  • DOI Address: https://doi.org/10.15804/ksm20210402
  • PDF: ksm/32/ksm3202.pdf

Dispositivenes of norms as a basis of contractual regulation of economic procedural relations

The article considers the dispositiveness of the norm of economic procedural law as a basis for the application of contractual regulation of economic procedural relations. Consideration of this issue is caused by the need to increase the effectiveness of legal regulation of procedural relations on a contractual basis. In particular, the peculiarity of dispositiveness of norms in procedural law is considered, which shows that the structure of such a norm is incomplete, and dispositiveness is associated with the presence of a unilateral or bilateral legal order, which differs from the general rule established by the legislator. It is established that dispositiveness in the economic process is limited in comparison with dispositiveness in substantive law, as it acts not as a generally established principle, but as a rule of conduct, which can be allowed within clearly defined limits. Restriction of dispositiveness in commercial proceedings is based on two parameters: the parties to the relationship and the subject matter of the dispute. Dispositive rules in procedural law, albeit to a limited extent, allow the parties to a commercial proceeding to exercise their subjective rights at their own discretion by determining the direction of the trial. Thus, the parties independently determine whether to protect their rights and interests in the application of contractual principles based on the dispositiveness of procedural rules, or to comply with the provisions of the mandatory rules of procedural law. At the same time, in implementing the chosen course of action, both the parties and the court must follow the procedure established by procedural law, which is clearly spelled out in the provisions of mandatory rules and is binding.

диспозитивність autonomy of will procedural relations contractual regulation imperative norm dispositive norm dispositiveness

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Правопросвітництво як складова частина функціональних обов’язків фахівців системи безоплатної правової допомоги – практичні аспекти реалізації

  • Author: Володимир Карий
  • Institution: West Ukrainian National University
  • ORCID: https://orcid.org/0000-0003-0634-988X
  • Year of publication: 2021
  • Source: Show
  • Pages: 41-53
  • DOI Address: https://doi.org/10.15804/ksm20210403
  • PDF: ksm/32/ksm3203.pdf

Legal education as an integral part of the functional responsibilities of specialists of the free legal aid system – practical aspects of implementation

The article describes the administrative structure of the units of the free legal aid system in Ukraine, which perform the function of legal education. The tasks, responsibilities and powers of legal education units at each of the institutional levels of the free legal aid system are considered and analyzed in detail, as well as the territorial division of jurisdiction of such units. The author analyzed the relationship, the degree of subordination and general coordination of actions between units of different levels of the structure. The publication also identifies and substantiates an important normatively enshrined and actually implemented priority given to legal education activities in the system of free legal aid in Ukraine. The publication describes the experience of legal education activities by other structural units of the Ministry of Justice of Ukraine, as well as statistics on the awareness of residents of the country about the right to receive free legal aid as part of the formation of legal awareness. The concept of legal education campaigns conducted by the system of free legal aid with the separation of their basic features and methods of implementation is considered in detail.

legal education campaign administration tasks legal consciousness communities legal education activities правопросвітницькі заходи legal culture legal awareness

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Мета доказування у кримінальному провадженні про порушення прав інтелектуальної власності: істина чи процесуальна справедливість?

  • Author: Євгеній Компанець
  • Institution: Scientific-Research Institute of Intellectual Property of National Academy of Law Sciences in Ukraine
  • ORCID: https://orcid.org/0000-0001-8162-1965
  • Year of publication: 2021
  • Source: Show
  • Pages: 54-77
  • DOI Address: https://doi.org/10.15804/ksm20210404
  • PDF: ksm/32/ksm3204.pdf

The purpose of proof in the criminal proceedings on infringement of intellectual property rights: truth or procedural justice?

The article summarizes the existing discussible approaches of domestic and foreign scholars to understanding of the purpose of criminal procedural proof and the search for truth. The legislation of Ukraine, norms of the Convention for the Protection of Human Rights and Fundamental Freedoms, Criminal Procedure Codes of a number of European countries, modern approaches of US courts, the Supreme Court [of Ukraine], the European Court of Human Rights on normative consolidation of the purpose of criminal procedural proof and application of the law are analyzed. On the basis of an excursion in the history of science the basic theories of truth are highlighted. It has been established that the theory of objective truth has prevailed in science for a long time, but attention is drawn to the fact that it is increasingly criticized in favor of efficiency of criminal proceedings through applying relevant legal procedures. Judicial practice shows a shift in emphasis from establishing the truth to procedural justice aimed at achieving the optimal model of the purpose of criminal proceedings and proof. The approaches to the purpose of proof and the search for truth of various subjects in criminal proceedings on infringement of intellectual property rights and efficiency of applying conventional truth are substantiated. The own vision of the concept of the purpose of proof is proposed and propositions on improvement of the procedural legislation of Ukraine are provided.

мета доказування purpose of proof procedural justice criminal proceedings efficiency truth

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Службові особи, уповноважені на вчинення процесуальних дій в екстериторіальному просторі України

  • Author: Olena Rybytska
  • Institution: Kharkiv National University named after V.N. Karazina
  • ORCID: https://orcid.org/0000-0002-5382-3882
  • Year of publication: 2021
  • Source: Show
  • Pages: 78-91
  • DOI Address: https://doi.org/10.15804/ksm20210405
  • PDF: ksm/32/ksm3205.pdf

Officials authorized to perform procedural actions in the extraterritorial space of Ukraine

In the article, the author, first of all, defines the concept of extraterritorial space and its structural elements, it helps to determine the scope of officials. In accordance with the norms of the Criminal Procedure Code, officials who are authorized to perform procedural actions in the extraterritorial space of Ukraine are indicated. However, the author points to gaps and conflicts of criminal procedure law related to these officials. The article also analyzes the process of replacing an official authorized to carry out procedural actions on the territory of diplomatic missions and consular posts of Ukraine abroad, on aircraft, sea or river vessels outside Ukraine under the flag or with the identification mark of Ukraine, if this vessel is assigned to port located in Ukraine. It is noted that the issue of criminal procedural jurisdiction over the crew of the object, which is launched into space is not regulated in the Criminal Procedure Code of Ukraine, does not determine the official authorized to perform procedural actions and the mechanism of its replacement is absent. In the conclusions, the author proposes amendments to the criminal procedure legislation of Ukraine in order to fill the gaps and resolve conflict issues.

ship captain head of diplomatic mission jurisdiction extraterritoriality екстериторіальність criminal proceedings

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Development of the national medicines policy regarding the system of medicines circulation

  • Author: Lydmila Sotnikova
  • Institution: Taras Shevchenko National University of Kyiv
  • ORCID: https://orcid.org/0000-0003-2152-3532
  • Year of publication: 2021
  • Source: Show
  • Pages: 92-106
  • DOI Address: https://doi.org/10.15804/ksm20210406
  • PDF: ksm/32/ksm3206.pdf

The health of a nation depends on many factors, among which pharmaceutical provision of the population holds pride of place. The appropriate level of pharmaceutical provision under guidelines of the World Health Organization (WHO) requires the development of the National Medicines Policy (NMP), which is implemented through a socially effective state policy on medicines circulation, i.e., creation, production, quality control, and sale of medicines. According to the WHO methodology, the NMP should pursue global goals: accessibility, quality, and rational use of medicines, on the principles of publicity, openness, reasonableness, and transparency. The author puts forward elements and tools as components of the mechanism of implementation of NMP goals, which embrace all spheres of medicines circulation in Ukraine: pharmaceutical production, pharmaceutical supply system, pharmacy network, rational use of drugs, etc. The substantiation of priority principles in ensuring citizens’ access to medicines has shown the relevance of their determination at management levels (international, national, regional, and microeconomic). The NMP priority in achieving the availability of medicines and their rational use is the improvement of the National List of Essential Medicines, as the state cannot reimburse drug costs of the public. The assessment of the NMP implementation should be conducted under WHO indicators. This makes it possible to carry out an impartial analysis of the pharmaceutical provision of the population and elicit shortcomings at national and regional levels and the level of healthcare institutions. The NMP implementation in the healthcare system and pharmacy is carried out through the relevant regulatory policy of the state, which needs efficacy evaluation. The analysis of factors influencing the NMP development has allowed the author to establish a varied activity and influence peddling on setting priorities of different control objects, principally of political and financial groups, as well manufacturers and large pharmacy chains. Despite the overwhelming number of pharmaceutical workers in pharmacies, their activity and influence on the NMP development are low; this also concerns scientists, the public, and patients.

National Medicines Policy system of medicines circulation essential medicines National list provision of medicines availability

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Tadeusz Bodio, Joanna Marszałek-Kawa (red.), Z badań nad historią i współczesnością Rosji, Azji Centralnej i Kaukazu, Wydawnictwo Adam Marszałek, Toruń 2020, ss. 270. Joanna Marszałek-Kawa, Krzysztof Zamasz (red.), Chiny z perspektywy XXI wieku, Wydawnict

  • Author: Lech Wyszczelski
  • Institution: Uniwersytet Przyrodniczo-Humanistyczny w Siedlcach
  • ORCID: https://orcid.org/0000-0003-2063-4281
  • Year of publication: 2021
  • Source: Show
  • Pages: 109-121
  • DOI Address: https://doi.org/10.15804/ksm20210407
  • PDF: ksm/32/ksm3207.pdf

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