Legal journal «Law of Ukraine» (Ukrainian version)
| Issue | 11 / 2013 |
| Paper version | 70 |
| Electronic version | 150 |
| ISSN (print) | 1026-9932 |
| ISSN (online) | 2310-323X |
The contents of the journal
I. General Issues in Application of the Criminal Procedure Code of Ukraine
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What if Decisions of the Constitutional Court of Ukraine Appear to be a «Legal Lighthouse» in the Rough Sea of Reforming Criminal Procedure?12- 21
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Implementing the Norms of Valid Criminal Procedure Code of Ukraine Regarding Pretrial Proceedings: Certain Aspects22- 31
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Institution of Damages Reimbursement (Compensation) in Criminal Proceedings under Valid Criminal Procedure Code of Ukraine: Achievements and Reserves for Evolvement32- 41
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Concept, Content and Structure of Criminal Procedure: Issues of Theory and Practice42- 54
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Ensuring the Right to a Fair Trial in Criminal Proceedings: Specific Issues of Law Enforcement55- 62
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Particularities of Application of Some New Institutions of the Criminal Procedure Legislation in Ukraine63- 70
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Correlation of Notions «Criminal Proceedings», «Criminal Trial», «Procedure» and «Stage of Criminal Procedure» in the Legal Doctrine under Criminal Procedure Code of Ukraine71- 79
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The Criminal Procedure Code of Ukraine: New Stage in the Development of the Theory and Practice of Criminal Proceedings80- 87
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Practical Issues in Application of Norms of New Criminal Procedure Code of Ukraine88- 94
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Topical Issues on Application of the Particular Provisions of the Criminal Procedure Code of Ukraine During the Preliminary Investigation95- 103
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Some Innovations in Valid Criminal Procedure Code of Ukraine Require Further Reflection and Improvement104- 111
II. Subjects of Criminal Proceedings and Problems in Realization of Their Powers
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The Victim in Criminal Proceedings: Some Issues112- 119
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Individual Issues of Notification of a Person about a Suspicion as the Beginning of Realization of Function of the Prosecution120- 126
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The Role of the Court and the Parties to the Judicial Examination of the Accused, Witnesses and Victims under the Valid Criminal Procedural Code of Ukraine127- 136
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Development of the Institution of Witnesses in the Valid Criminal Procedure Code of Ukraine137- 144
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Investigating Judge in Criminal Proceedings: Procedural Status and Procedural Functions145- 153
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Appeal Against Decisions of the Investigating Judge: Issues in Application of Valid Criminal Procedure Code of Ukraine154- 158
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Concept of Subjects of the Criminal Justice Acting in Accordance with Valid Criminal Procedure Code of Ukraine159- 164
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Procedural Forms of Protest Activity of the Lawyer in Criminal Proceedings165- 172
III. Evidence and Proof, Investigative (Inquiry) Actions: Problem Issues
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Proving Circumstances of a Criminal Offense under the Valid Criminal Procedure Code of Ukraine173- 179
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The Notion and Types of Investigative (Inquiry) Actions in Accordance with Valid Criminal Procedure Code of Ukraine180- 188
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Procedural Powers of the Court as to Examination of Evidence in Criminal Proceedings189- 197
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The System of Investigation Proceedings in the Criminal Procedure Law and Mechanism of Its Realization in Criminalistics198- 205
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Evidence in Pre-Trial and Court Proceedings in the Criminal Procedure Code of Ukraine: Correlation and Functional Purpose206- 215
IV. Problems in Application of Measures to Ensure the Criminal Proceedings
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Problem Issues in Application of the Criminal Procedure Code of Ukraine during the Election of the Restraint Measures in Criminal Proceedings216- 224
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The Problem with Providing Adequate Legal Procedures During Removal from Office225- 232
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Temporary Access to the Things and Documents: Application Problems233- 241
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Criminal and Procedural Guarantees at Applying of a Personal Pledge as Measure of Restriction242- 249
V. Problematic Issues in Application of the Criminal Procedure Code of Ukraine in Court Proceedings Regarding Revision of Court’s Decisions and in Special Procedures for Criminal Proceedings
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To the Problems of Normative Regulation of Judgments under Review by the Supreme Court of Ukraine in Criminal Proceedings (General Theoretical Aspect)250- 258
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Peculiarities of Realization of Certain Principles of Criminal Proceedings in the Court of Appeal and Cassation Instances259- 266
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Features of Concluding Agreements in Criminal Proceedings Against Juveniles267- 273
Modernization of Consitution of Ukraine: Topical Issues
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Introducing Amendments to the Constitution of Ukraine: Problem of Constitutionality178- 183
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Some Issues Related to the Introduction of the Constitutional Complaint Institution in the National Legislation244- 268
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Constitutionalization of the Concept of Sustainable Development of Ukraine269- 274
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Conflictology Expertise of the Acts of Constitutional Legislation275- 283
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Constitutional Modernization of Law Enforcement Activities and Law Enforcement Agencies System: the European Experience and Ukrainian Perspectives292- 302
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Current Issues of Bicameralism (Bicameral Parliamentary Structure) in the Classical European State Legal Theory341- 347
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Local Self-Government: System Analysis348- 355
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Concept of Modernization of Law Enforcement System and Improving the System of Law Enforcement Agencies in Ukraine356- 364
Integration of Ukraine into European Legal Space: Current Issues
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«Part in the Domestic Market» for Ukraine Within the Framework of the Agreement about Association between Ukraine and the European Union97- 104
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Advocacy of Ukraine in the Light of European Aspirations105- 112
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Methods and Means of Interstate Legal Integration120- 130
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Certification of the Judgment as the Procedure of its Recognition on the Territory of the European Union131- 138
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Conception of Institutional Balance in the Context of the Separation of Powers in the European Union: Theoretical Issues138- 147
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Ensuring the European Court of Human Rights’ Case Law Consistency: Role of the Grand Chamber162- 169
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Harmonization of Ukraine's Legislation in the Field of Technical Standards with the European Union Law Provided by the Association Agreement184- 200
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Integration Processes in EU in the Field of Individualization Means Protection of Participants of Civil Circulation, Commodities and Services201- 207
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The Regulation of Scientific Research in the EU According to the Lisbon Treaty and Framework Programmes214- 223
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Schengen and Visa Information Systems as Form of Fight Against Illegal Immigration284- 289
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Prosecutor’s Office of the European Union: the Problems of its Establishment290- 295
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Competition Law and State Aid Reform in Light of EU-Ukraine DCFTA and its Impact on Business in Ukraine303- 317
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Genesis and Evolution of the Legal Regulation of Competition in the European Union365- 375
General Theory of Law and State
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Cooperation of civil society and legal state38- 42
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Morality and law: cooperation under modern circumstances43- 53
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Understanding of State and Law: Problem Aspects of Theory67- 76
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Legal Systems of the World: Past and Present of the Legal Families Approach to Their Types81- 89
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Terrorism as Illegal Social Practice90- 96
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Structural Description of Legal Conflict93- 98
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The Concept of the State Functions in G. Jellinek’s Legal Theory: Theoretical and Methodological Aspects118- 126
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Functioning of evidences as semiosis: from factual data — to facts127- 133
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Doctrinal Sources of Law in the Context of Globalization147- 154
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On the Application of Systemic Approach in Comprehension of the System of Law Integrity157- 164
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Transparency of Public Authorities: National and Foreign Experience158- 156
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Technical and Juridical «Defects» of Normative Legal Acts in Ukraine: Basic Varieties169- 177
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Albert Dicey on the Rule of Law as the Supremacy of Law in Narrow Sense170- 177
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Essence of legal fiction184- 187
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Development of Cultural Function of the State as Condition of Democratic Transformations of Ukrainian Society210- 217
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Some Remarks on the Existence of the State224- 231
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To the Problem of Determining the Conditions for Ensuring the Operation of Law234- 242
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A Matter of Construing a Universal Legal Theory as a Shared Conceptual Basis for Theories of Domestic and International Law240- 244
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Introduction of Law into Effect: Concept Definition240- 248
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The Enactment of Laws: Сurrent Theoretical Issues of the Research of Subject243- 249
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Some Controversial Issues of Determining the Category of «Source of Law» in Modern Jurisprudence245- 252
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The New Paradigm of Human Rights Functions of a Modern Democratic State252- 258
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On the Definition of «Normative Legal Act»: a Practical Necessity and Theoretical Possibility of Adjustment274- 280
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Interpretation of the Rule of Law: Basic Domestic Approaches and Their Dialectical Complementation296- 309
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Place of the Armed Forces of Ukraine in the System of Public Authority310- 316
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Lawful Regime: the Methodological Levels of a Study317- 323
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Legislative Acts in the Mechanism of Implementing the Law318- 327
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Urban Law in the Aspect of Legal System328- 335
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The general theory of state and law: сurrent status, trends364- 374
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The state and civil society: Ukrainian choice375- 384
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Objectivity of law: Hypothesis and perception385- 395
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Criteria of classification of legal facts396- 403
Philosophy of Law
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Natural law: basic principles and their fixing in inter-national legal acts31- 37
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Rule of the Human Right to Taxes: Philosophical and Methodological Issues of Comprehension and Reasoning84- 95
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Legal Nature of Society: Anthroposociocultural Approach110- 137
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Problems of Philosophic and Methodological Self-Determination of Post-Soviet Theoretical Jurisprudence173- 170
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Right to education in the context of theories understanding of law180- 185
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Legal evidence as a dynamic sign construction186- 192
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Difference between byzantine legal philosophic tradition and west-roman one188- 195
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Some Contemporary Conceptions of Law in Russia and Ukraine (in the Light of the Consumer Approach)234- 251
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Genesis of legal nihilism in a context of theories of bureaucratism313- 320
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Features of Western Legal Mindset (Based on «Oxford History of Prisons»)336- 341
Economic Law
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On the Issue of Determining Structural Status of Economic Law in the System of Law of Ukraine (Methodological Aspects)105- 109
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The Concept and Areas of Modernization of Legislation on Judicial Protection of Rights of Business Entities120- 128
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Cooperation between Enterprises: Specific Issues of Ukrainian and European Union Legislation135- 144
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Theoretical Basis of the Economic and Legal Regulation of Innovation Activity in Ukraine208- 219
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Entrepreneurship as an Object of Private Law Regulation220- 226
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The Meaning of Privatelaw Principles for Entrepreneurial Relations Regulation226- 233
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Circulation of Bills: Some Theoretical Issues234- 240
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International Experience of Legal Regulation of Bill Relations240- 248
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Development of the Economic Procedure Legislation in Ukraine in the XXI Century266- 275
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Some Theoretical Issues of Circulation of Bills (Legal Aspects)276- 283
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Some Theoretical Issues of Circulation of Bills (Legal Aspects)332- 337
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Private Law and Public Law Foundations of Entrepreneurial Activity Regulation342- 350
Financial Law
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Determination of Indirect Taxes and Their Characteristics in the Tax Law of Ukraine99- 105
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Nature of Tax Rights of Man174- 183
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Reality of Human Right to Taxes, Its Concept and Nature178- 189
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On Possibility of Appeal in Court Against Specific Acts of Subjects of Authority in Tax Relations Sphere190- 194
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Scientific Grounding the Anthroposociocultural Nature of Taxes and Tax Law209- 219
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Concerning the Issue on Budgetary Responsibility218- 226
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Financial Law: Usual Convention or Complex Regulator of Public Financial Relations?221- 229
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Сorrelation of Financially Legal Responsibility and Financial Sanctions230- 238
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Evolution of Nature of Post-Soviet Finance Law305- 313
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Causality in Tax Law: Anthropological and sociological Approach340- 349
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Regulative Legal Forms of the Tax and legal Compromise350- 356
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State Credit as Independent Financial and Legal Institute351- 359
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On Applying the Concept of Personal Exemption of Citizens360- 365
Discussions and Debates
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Axiological Appraisal of an Individual, His Dignity and Natural Rights in the Science of Constitutional Law of Ukraine151- 163
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Public Prosecutor’s Office in the System of Judicial Power164- 171
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On the Ideological Grounds for the Progressive Development of Legal Order in Ukraine (to the Methodological Discussion in National Jurisprudence)167- 184
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The questions of different private economic and civil law263- 273
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Internal Revenue Code as a Stage of Economy Legislation Codification266- 273
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On the Possibility of Unification of Principles of Civil, Administrative, Economic and Criminal Procedural Law271- 278
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Trial by Jury: the Germs and Essence of Idea and its Mimesis in Reforming of Criminal Justice System in Ukraine274- 278
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Search and Structuring of the Problems of Prosecutorial Supervision of Missing Persons Retrieval279- 286
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Standard of Proof as a Criterion of Reliable Results of Perception Process282- 291
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Corruption in Ukraine: Issues in Strengthening of Counteraction298- 309
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Еxecutive power bodies as part of the constitutional mechanism of the state power341- 347
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Problems of Application/non-use of Laws, Found Unconstitutional in Administrative Justice348- 355
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Some Notes on the Work of Parliament of Ukraine366- 372
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Problems of adherence to reasonable terms of legal proceedings according to procedural law of Ukraine404- 413
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International Economic Law: Concepts and Definitions407- 415
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On prejudice, as the reason of disciplinary liability of judges Annotation. The article highlights some issues of bringing judges414- 420
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Problems of anti-terror activities and the concept of counter-fighting terrorism in Ukraine489- 494
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Higher Legal Education in the United States of America495- 503
Young Lawyers Tribune
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Сivil-Legal Aspects of the Rights of Consumers of Insurance Services on Information134- 140
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Contribution of Professor M. Gernet’s to the Development of Sociological Doctrine of Criminal Law141- 148
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Problems and Perspectives of International Cooperation of Ukraine in Commodities Trade149- 155
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The High Council of Justice: Possible Optimization of Its Formation and Operation (with a View to International Standards)152- 162
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Evolution of the Ukrainian Legislation on Economic and Commercial Activities153- 158
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Resolutions of the Constitutional Court of Ukraine and Their Jurisdictional Function157- 163
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Withdrawal of Appeal and Leaving it without Consideration: Issues of Relationships159- 168
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Legal Aid: Issue of Forms Classification163- 168
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Organization, Structure and Powers of the Higher Regional Court in Lviv (1855–1918)164- 172
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Features of Continuing Crimes169- 176
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Legal Nature of Annual Interest169- 175
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Enhancing Efficiency of International Legal Regulation of Global Counter-Terrorism War on the Basis of Conflictological Paradigm171- 179
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Relative Invalidity of Transactions172- 178
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Legal Regulation of Construction Investment Means and Areas of Reform173- 179
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The Austro-German Customs Union Project of 1931 in the Context of European Economic Integration178- 188
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Land Ownership under the Austrian Civil Code of 1811 and Its Implementation in Galiciа179- 188
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Definition of Territorial Community as a Subject of Civil Law of Ukraine189- 198
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Implementation Models of National Sovereignty Principle in a Democracy: Theory189- 196
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On the Legal Nature of Individual’s Personal Data: Civilistic Aspects192- 200
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Aspects of Terminology of Constituent Documents of Legal Entities199- 205
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Some Aspects of the Institute of Representation in Modern Civil Law201- 206
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Interaction of International Treaty and Custom in the Doctrine of the Anglo-Saxon Legal System206- 215
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On the Issue of Investing in the Construction Sphere207- 213
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Legal Aid as a Condition for Enforcement of Human Rights and Freedoms208- 215
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Legal Basis of International Cooperation of Ukraine on Prevention and Counteraction to Legalization (Laundering) of the Proceeds from Crime or Terrorist Financing214- 220
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Appropriate and Acceptable Evidence in Some Instances, Arising from Genetic Relationships216- 221
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Establishment and General Characteristics of the Concept of «E-Commerce»220- 227
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The Classification of the Alternative Methods of Commercial Dispute Resolution222- 229
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Reparation for Moral Damage to Employees in the Performance of Their Duties223- 233
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The Specifics of Research Methodology of Judicial Lawmaking as a Phenomenon of Legal Reality224- 231
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Practice of the ECHR and National Judicature228- 234
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The Role of «Soft Law» of International Organizations at the Present Stage of Development of Bankruptcy Law in Ukraine230- 239
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Legal Relations of Using Housing Financing Fund as Housing Investment: Specific Features and Structure235- 240
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Subjects of the Civil Law of Ukraine: the Definition, Features and Forms242- 252
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Subjects of Investment Relations Arising from the Use of Such Method of Investment as the Construction Financing Fund252- 260
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Рroblems Concerning the Invalidity of Transactions253- 258
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The Investment Legal Relations in the Construction: Features and Problem Issues259- 266
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Prospects for Public Conflict Resolution by Means of Mediation259- 268
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Responsibility of Members of Contract-Based Unions of Enterprises for Liabilities of Unions261- 266
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The acquisition of the right of the property at the lots on the basis of acquiring remoteness: Ukrainian experience270- 277
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Land`s legal relationships on the railway transport of Ukraine274- 280
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Questions of legal regulation of organizational forms of permanent commissions of local councils functioning278- 284
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Freedom of the Will and its Restriction According to the Civil Law of Ukraine and Some European Countries279- 291
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The method of committing crime foreseen art. 317 of Ukrainian PC281- 286
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General characteristics of the legal regime of land rights of way of railways285- 290
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The Legal Status of Human Embryos287- 293
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Offences and Law. Tips by ancient thinker287- 293
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Guarantee as a Special Kind of Ensuring Implementation of Obligation291- 297
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Activity of the pedagogue (psychologist) in criminal proceedings: questions of theory and practice291- 298
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Legal Peculiarities of the Contract on Transportation by Railway of General Use292- 299
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Determination of the Content and Scope of the Civil Procedural Evaluation Concept «Reasonable Time»294- 301
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Analysis of the changes in legislation about factoring294- 299
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State Management in the Sphere of Social Protection and Rehabilitation of Persons with Disabilities: the Legal Mechanisms296- 302
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Issues Concerning the Services Provided Under Factoring Agreements296- 301
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Selected Problematic Issues of Administrative Law Sources: Countries of Roman and German Law Traditions (Italy, France and Germany)298- 304
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State support and guarantee of local self-government: the experience of germany and france299- 306
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Order of Execution of the Court Decisions in Course of Bankruptcy Proceedings300- 308
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Status of the High Council of Justice in the System of the State300- 306
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Consideration of Lawsuits about the Restoration of Former Employees on the Service of Internal Affairs Bodies of Ukraine by Administrative Courts302- 308
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Priority of Public Legal Regulation of the Accumulating System of the Pension Insurance302- 307
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The Legal Problems of the Use of Railway Lands Under the Conditions of Servitudes and Superficies in Ukraine303- 309
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Ways of normative juridical fixation of abuse of right inadmissibility307- 312
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Subjects of the Control in Arbitration Management in Bankruptcy Procedure307- 317
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Use of Scientific and Technical Means During Inspection of the Cadaver on the Facts of Committing Murder308- 313
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Implementation of Control and Supervisory Authorities by the Qualification and Disciplinary Bar Commissions309- 317
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Evolution of the Global Monetary System and the Role of the Legal Science in the Activities of the IMF309- 317
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Legal Regulation of the Types of Activities of Agricultural Processing Cooperative310- 315
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Regulation of Participation of Foreign Persons in Civil, Commercial and Administrative Processes of Ukraine: Comparative Characteristics310- 316
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The Protection of Geographical Indications in Legislation of Poland and Ukraine (Comparative Legal Characteristics as Regards Compliance with the European Union Standards)314- 321
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Conditions of Choosing House Arrest as a Preventive Measure316- 322
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Some Issues in Qualification of Crimes Committed by a Group of Persons upon a Preliminary Collusion317- 325
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International Standards in Supervision of Law Observance by Public Prosecutor during Application of Restraint Measures in Criminal Proceedings318- 325
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The Degree of Social Danger of Continuing Crimes318- 325
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The Regulation of the Right for Compulsory Share of Inheritance in Accordance with the Civil Law of the Ukrainian SSR319- 325
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The Concept and characteristic of the Clarification Principle of all Circumstances of the Case in Administrative Proceeding322- 329
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Legal Basis for the Harmonization of Ukrainian Legislation with European Union Aquis on Indirect Taxation323- 335
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Theoretical Aspects of Defining the Essence of the Notion of Small and Medium Enterprises326- 332
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The Legal Nature of the Maintenance of Prosecutor of the Public Prosecution in Court (in the Context of the New Code of Criminal Procedure of Ukraine)333- 339
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The Concept of the Mechanism of Administrative and Legal Provision of the Right to Access to Public Information356- 361
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Historical and Legal Precedent of Kuril Islands Territorial Problem Between Japan and the USSR/Russia362- 367
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Principles of Law: Theoretical and Civil Legal Aspects372- 377
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The Principles of the Alternative Methods of Commercial Dispute Resolution373- 379
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State Policy in Regulation of Small and Medium Business in Ukraine378- 384
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Licensing Implementation Criteria385- 390
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International legal Standards for Ensuring the Rights of the Child390- 397
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Interpreting Contents of a Deal by Commercial Courts in Ukraine391- 396
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Evaluation Concept «Exceptional Case» in Civil Proceedings397- 403
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Peculiarities of Commission Performance by the Third Party398- 404
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On the Slavic Legal Terminology and its use in the Modern Ukrainian Law401- 406
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Аdministrative Responsibility of the Head of Public Institution of Higher Education for the Educational Offence404- 410
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Legal Capacity of Child Under Civil Law407- 412
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Burden of Proof in the Civil Cases Involving Foreign Persons413- 417
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The Practice of Enforcement of Administrative Responsibility in Public Order Protection and Traffic Safety on the Railway Transport of Ukraine414- 418
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Theoretical and Applied Issues of Determination of the Object of Crime «Premeditated Issuing of Dengerous Products to the Market of Ukraine»416- 424
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The Legal Nature of Arbitral Management of Enterprise in Bankruptcy418- 426
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Some Aspects of the Realization of Preventive Purposes of Punishment Other Than Imprisonment419- 424
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The role of legal consciousness and legal culture in the forming of legal state421- 425
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Problem Issues of Traffic Safety and Operation of Transport and Their Criminal and Legal Protection425- 431
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Ye. Vaskovskyi’s Legacy on the Issues of Advocacy425- 429
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Efficiency of law concretization: factors and ways to its increase426- 432
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The Environmental Policy of the European Union. Adopting of Experience by Ukraine427- 434
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Constitutional Documents of Legal Entity as Criteria of Division of Economic Associations on Contract-based and Statutory Combinations of Entities430- 434
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Public and private partnership regulatory legal support in Ukraine433- 439
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Insolvency Law in Japan434- 441
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International Law Analysis of the Concept Dekinition of «Cultural Property»435- 441
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Grounds and types of responsibility of subjects of legal relationships are from the economic use of lot lands of communal property440- 448
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The Legal Nature of the Pension Insurance as the Social Phenomenon442- 449
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Legal status and mode of property of the Commercial and industrial chamber of Ukraine as to unprofitable organization449- 453
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On the Disciplinary Proceedings Against Public Servants: Legal Regulatory Framework and Stages450- 458
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The Ratio of the Judicial Protection of Public Interests with the Maximization of Public Good459- 465
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Realization of the Main Principles of Criminal Proceedings During Public Prosecutor’s Supervision of Legality of Measures of Restraint Application in Pre-Judicial Criminal Proceeding466- 473
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Principles of participation of Ukrainian citizens in elections and referendums504- 510
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Questions relating to the parental rights establishment in case of the surrogate motherhood511- 514
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Involvement in gambling: a concept and its importance for the investigation purposes515- 520
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The «Interest» category in the Roman Family Law521- 528