Legal journal «Law of Ukraine» (Ukrainian version)
| Issue | 6 / 2013 |
| Paper version | 70 |
| Electronic version | 150 |
| ISSN (print) | 1026-9932 |
| ISSN (online) | 2310-323X |
The contents of the journal
I. The Connection of Ukrainian Legislation to the European Union Law: Theoretical and Practical Aspects
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Harmonization of Legislation and European Integration12- 50
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Europen Union — Ukrainian Relations: from Partnership — to Association and Economie Intеgration51- 58
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The New European Union — Ukraine Free Trade Area: «Deep» and «Com prehensive»59- 69
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«Transposition» of Law as a Core Element in the Process of Adjusting Ukrainian Legislation in Accordance with the European Union «Acquis»70- 76
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Harmonization of Ukrainian Legislation with the «Acquis» of the European Union and Council's of Europe Legal Standards77- 91
II. Sectorial Harmonization of Ukrainian Legislation with Law and Order of the European Union in the light of European Union+Ukraine Association Agreement
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Legal Framework and Perspectives of Harmonization of Ukrainian Antitrust Legislation with the European Union Law: Theoretical and Practical Aspects92- 103
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Merger Control Over the Density of Enterprises Under Ukrainian Rules on the Way to the «Europeanization»: Main Drawbacks and Recommendations for Improvement104- 113
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Distance Marketing of Consumer Financial Services (Comparative Analysis of the Legislation of the European Union and Ukraine)114- 119
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Modern Trends in Harmonization of European Union Energy Legislation and its Influence on the Third Countries in Development of Alternative Energetics120- 135
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The Project of European Union-Ukraine Association Agreement — the Analysis of Legal Relations and Provisions of the Public Procurement Regulation136- 144
III. Tendencies in the Development of the European Law
IV. Eurasian Integration Processes
Protection of the Human Rights of Man and Citizen
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The right of patients’ on spiritual support: the principle of a tolerance in the bioethics doctrine196- 199
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Pilot Judgments of the European Court of Human Rights as the Instrument for Overcoming Structural Problems of Legal Systems208- 219
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Legal culture as a condition of implementing human right in operative and investigative activities321- 328
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Free Choice of the Defender of Rights (Problems of the Official Interpretation of Article 59 of the Constitution of Ukraine)376- 384
Constitutional Law
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Constitutional-Legal Issues of the Citizenship of Ukraine at the Present Stage30- 37
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Ensuring the Constitutional Right to Life and other Related Rights in Terms of Large Scale Intensification of the Transgenization of Living Organisms30- 37
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Comparative and Legal Analysis of the Deputies’ Immunities Issues in European Union and Ukraine38- 46
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The interaction of the «party» power or the Bermuda triangle for rule of law40- 44
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Constitutional and Legal Collisions: Topical Issues and Characteristics52- 59
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Evaluation concepts are in the norms of Constitution of Ukraine63- 68
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The access to public information: international standards and Ukrainian perspectives69- 75
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The value of Constitution for state and society71- 76
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Executive Power in Context of Forms of Government (Theory and Practice of Global Constitutionalism)77- 88
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Constitutional and Legal Responsibility of Local Representative Bodies in Ukraine95- 103
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To the Issue of Constitutional Grounds for Ownership Forms in Ukraine97- 103
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The Whistleblower Protection: Theoretical Issues and Constitutional Necessity104- 111
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Issues of Constitutional Regulation of Local Self-Government Competence in Ukraine and Abroad104- 113
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Methodological Principles of Constitutionalization of Legal Order: General and Specific Legal Problems113- 121
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Parliament as a Representative Body114- 134
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Direct Participation of the People in Administration of Justice: Imitation or Reality?114- 119
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Strengthening rather than Undermining State Sovereignty115- 119
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Parliament: Structural Characteristics120- 138
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Subjective Rights Derived from Basic Voting Rights122- 130
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Session — the Main Organization and Legal form of Verkhovna Rada of Ukraine Activity134- 140
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Methodology of Scientific Research in Constitutional Law at the Current Stage: Identifying Key Tasks136- 144
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International Control as a Means of Ensuring Internal Democracy139- 148
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Сonstitutional Powers of the President of the Mixed Republic and the Doctrine of «Hidden» Presidential Powers141- 150
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On the Issue of the People’s Right to Rebellion Against Despotism145- 153
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Civilizational Paradigm of the Constitutional Law Sociology151- 160
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State, Authority, the People as Categories of Constitutionalism151- 174
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Sources of the Constitutional Law in Ukraine: Issues of Theory and Practice155- 170
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The Methodology for the Research of Constitutional Justice in Ukraine: Scientific Review158- 170
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Actual Constitution: Prospects for Legal-Sociology Understanding161- 170
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Parliament: Legislative Procedure165- 178
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Direct Democracy Institutions in Definition of the Modern State Forms: Legal Aspects171- 179
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Institutional Instruments in the Constitutional Law Sociology171- 186
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Constitutional and Moral Criteria for Professional Qualifications Predictability for a Position of Judge175- 185
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The People as a Primary Subject of Exercising Control over Public Authorities178- 184
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Functions and Principles of Public Control179- 184
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Constitutionalization of the Legal Order Through the Prism of Supremacy of the Constitution180- 188
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To the Question of Generic and Specific Concepts of Sovereignty185- 193
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Methodology Issues in Constitutional Law Research186- 198
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Institutions of Representative Democracy as a Factor in Determining the Genesis of the State Form187- 196
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Principle of power distribution: modern interpretations193- 200
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On the Subject of the Constitutional Law Sociology194- 202
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Competence dualism of the executive authority: state and law experience of the Fifth French Republic and Ukraine200- 208
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District councils in cities as a constitutional institution201- 207
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Some Issues in Introducing Additional Legislative and Institutional Guarantees of Execution of the Decisions of the President of Ukraine203- 209
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Constitutional and legal aspects of status of village, settlement, city chairman in local government208- 216
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Methodological Problems in the Theory of Constitutional Law220- 227
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Understanding of Civil Society in the Context of the Subject of Constitutional Regulation228- 234
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Referendum as a Form of Democracy Needs to be Regulated Constitutionally235- 241
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Control over Public Authorities as a Form of Legal Action249- 255
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«сверхпрезидентская республика», сверхпрезидентство, президенциализм, президенциализация, парламентаризация формы правления, легитимность власти.252- 262
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Methodological Problems in the Theory of Constitutional Law253- 261
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Analogy in Constitutional Jurisprudence and the Legal Nature of Decisions of the Constitutional Court of the Russian Federation256- 273
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Legal Problems of Bicameral Organization of Parliaments and Constitutional Process in Ukraine259- 270
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Axiology Instruments in the Constitutional Law Sociology262- 273
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Correlation between Political and Administrative Components in the State Power Functioning271- 278
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Рolitical and Legal Factors for Institutionalization of Separation of Powers in Ukraine274- 279
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Adoption of Acts by the Cabinet of Ministers of Ukraine as a Procedural Form of its Judgment Establishing279- 286
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The Control Function of the Parliament: the Nature, Content and Purpose280- 286
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The «National Sovereignty», «National Will Expression», «Direct Democracy», «The form of the Direct Democracy»: Theoretical and Methodological Aspects281- 290
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Form of State in the System of Foundations of the Constitutional Order: Issues of Theory and Practice283- 290
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The Constitutional Court of Ukraine as a Subject of Public Policy Formation in the Health Sector287- 293
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The Problem of Realization of People’s Sovereignty in the Conditions of Constitutional Modernization291- 301
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Doctrinal Ideas of Federalism: Retrospective and Perspective of Ukrainian Choice302- 309
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The Principles of the Official Interpretation of the Constitution and Laws of Ukraine: the Prospect of the Constitutionalization310- 315
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Constitutional Complaint as a Display of Action of Rule of Law316- 324
Criminal Law and Procedure
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Implementation of the principle of objective truth in the criminal process of Ukraine126- 132
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Peculiarities of the investigation group in the process of uncovering and investigating crimes against persons133- 139
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Criminalization of socially dangerous actions of legal entities: pro et contra145- 150
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Mens rea as compulsory element of the crime and the problem of acknowledgement of prohibition151- 157
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New Law Enforcement Bodies in the System of Combating Corruption: Scientific Approach157- 162
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Problems of a criminal liability for infringement of inviolability of private life158- 163
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Temporary Seizure and Sequestration of Property: Evidence or Measure of Criminal Proceedings Securing163- 170
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A damnification is on the consent of a «victim»: theoretical, legislative andтlaw applying aspects164- 169
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Procedural Powers of Public Prosecutor in Proving at the Stage of Prerial Investigation171- 178
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Essence and Role of Grounds for Appeal and Cassation in Criminal Proceedings179- 185
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Means of Criminal Legal Effect on Minors under the Legislation of Ethiopia: General Characteristics and Specific Application186- 193
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Current Issues of Criminal Liability for Corporate Raider Takeovers195- 200
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The System of Criminal Procedure in Ukraine (an Attempt of Conceptual Analysis)201- 208
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Problematic Aspects of Use of the Results of Information Collection from Transport Telecommunication Networks as Evidence in Criminal Proceedings209- 218
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Systematic Approach to Criminal Law and the Problems of Criminal Legislation Improvement227- 241
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Peculiarities of Application of Punishment to Minors Under the Juvenile Courts Act of the Republic of Croatia234- 244
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Criminal legal assessment of the state of intoxication under the Criminal Code articles with dispatch dispositions242- 249
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Concerning the Problem of Institute of Witness of Inquest in the Criminal Proceeding in Ukraine250- 254
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Criminalization of Defamation and Speech Freedom in Ukraine262- 268
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Differentiation of the Proceeding in the Court of First Instance According to the New Code of Criminal Procedure269- 275
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Detention of militants in the penal battalion as a form of punishment446- 451
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Operational search activities in the pre-trial investigation according to the draft Code of Criminal Procedures of Ukraine (problems of reasoning and enforcement)452- 462
Historical and Legal Research
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Historical Dynamics of Government in Cossack Hetman State158- 166
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Role of Course «History of State and Law of Ukraine» in Legal and Patriotic Education of Law Students162- 170
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«Anonymous Note on the Need to Limit the Hetman» as a Project of Reforming the State Power and Governance of Hetmanate in XVIII c.245- 251
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Influence of pre-revolution forest law norms on the substantive provisions of the Council of People's Commissars of RSFSR Decree on Forests, 1918249- 254
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Constitutional legislation of WUNR: law historic aspects255- 261
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Galicia-Volyn State (1199–1349): From the Principality to Kingdom265- 274
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History of Development of the Institute for Appeals to Public Administration in the Lands of Ukraine276- 281
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Peculiarities of Judicial Functions Realization in Periods of Estate and Absolute Monarchy in European Countries282- 288
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«Keating-Owen Child Labor Act of 1916» — the First Federal Legislative Attempt to Prohibit the USE of Child Labor in the U. S.296- 304
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Interpretation of Errors in Contract Law of Ancient Rome327- 333
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Inokentii Patlaievskyi and Science of Financial Law in the Novorossiiskyi University of Odessa334- 340
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Methodology of Law-cognition by Eugen Ehrlich: Nonclassical Paradigm383- 391
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Duguint’s Theory of State Functions and the Implementation of Law392- 400
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Roman law and the Polish legal culture395- 403
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Ideas of parliamentarizm in public figures views (beginning of the 20th century)473- 479
Comparative Law
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Comparative Legal Analysis of the Principles of Judicial System of the European Union and Ukraine119- 127
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Methodology of Comparative Jurisprudence: Basic Elements and Problems184- 196
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Comparative Method: Рostnonclassical Interpretation197- 203
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The Participation of Ukrainian and Other Eastern European Scientists in the Activities of International Academy of Comparative Law (Towards the 90th An niversary IACL)204- 211
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Theoretical and Methodological Aspects of Comparative Comprehension of Law in the Works of Valtazar Bogišić227- 234
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Charles Louis de Montesquieu and prehistory of Comparative Jurisprudence262- 275
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The constitutional assuring of state regulation of economy in the People’s Republic of China262- 269
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Law of Interaction of Legal Systems as a Branch of Comparative Law263- 270
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Sources and Preconditions of Formation of the Mechanism of Legal Borrowing267- 265
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From Understanding of Reception of the Roman Law to Formation of a General Theory of Legal Systems Interaction274- 297
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Problems in Comprehending Pluralistic Nature of Comparative Jurisprudence and its Interpretations275- 290
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Сonvergence Positions of the Ukrainian and German Criminologists276- 281
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Contemporary Legal Systems: the Mutual Influence and Antagonisms (On Example of the Constitutional Law)289- 295
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Development of Scientific Principles and Values in the Activities of International Academy of Comparative Law298- 311
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Jean Louis EugPne Lerminier: the formulation of comparative approach to law cognition306- 326
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Constitutionalism in Islamic States: the Formation, Current Status and Directions of Transformation349- 356
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The Loaning in the Law: Ontology Analysis365- 378
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Current Views on the Issue of Classification and Typology of Legal Systems376- 382
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Legal Science in the United States of America and Ukraine379- 386
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Construction of theory and methodology bases of comparative jurisprudence in works of Paul Johann Anselm von Feuerbach380- 394
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Comparative law and the pattern of the law development under conditions of globalization463- 472
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