Legal journal «Law of Ukraine» (Ukrainian version)
| Issue | 6 / 2015 |
| Paper version | 83 |
| Electronic version | 150 |
| ISSN (print) | 1026-9932 |
| ISSN (online) | 2310-323X |
The contents of the journal
I. Issues of Training and Upgrading Public Prosecutors
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National Academy of the Public Prosecutor’s Office of Ukraine in the Process of Reforming Bodies of the Public Prosecutor’s Office with a View to International Standards11- 17
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Prospects for Special Training of Candidates for a Public Prosecutor’s Post18- 25
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Current Career Issues in Bodies of Public Prosecution26- 32
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Does a Public Prosecutor Need International Law?33- 37
II. Legislation on the Public Prosecutor’s Office and Its Compliance with the European Standards
III. The Public Prosecutor’s Office Reforming in Contemporary Situation
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Legal Means of Public Prosecutor’s Activity under the New Law of Ukraine «On the Public Prosecutor’s Office»60- 69
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Bodies of the Public Prosecutor’s Office of Ukraine as a Specially Authorized Subject in Combating Corruption: Theory, Novels, Ways of Optimization70- 76
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Procedural Functions of a Public Prosecutor in Criminal Proceedings77- 85
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Public Prosecutor in Criminal Process: on Functions Determining86- 95
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Public Prosecution in Court in the Implementation of the New Law of Ukraine «On the Public Prosecutor’s Office»96- 102
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Some Issues of Public Prosecutor’s Supervision over the Observance of Laws in Penalty Execution with a View to the New Legislation on the Public Prosecutor’s Office103- 108
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Legislative Novels of Implementation of Function of Representing Citizens or the State in Court by the Public Prosecutor’s Office of Ukraine in the Light of the New Law of Ukraine «On the Public Prosecutor’s Office»109- 118
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
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
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Some aspects of the criminal liability for involvement of minors in criminal activities65- 71
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The concept and importance of further consequences of the crime in criminal law72- 76
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Issues in Qualification by the Rate of Banditry and Crimes Committed by Gang Members76- 83
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Implementation of the principle of individualization criminal responsibility in the application of certain criminal laws80- 85
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Social Conditionality of Criminal Prohibition of Illegal Actions with the Information that is a Commercial or Banking Secret81- 89
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Certain aspects of causality and its mental components in criminal law86- 91
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Significance of Logic for Qualification of a Crime90- 95
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Fair Trial of Criminal Cases in Ukraine: Fiction or Reality?96- 101
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Mechanism of Injury to the Object of the Crime: Concept, Types, Criminal Legal Role128- 135
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Criminal Legal Communication in the Discourse of the Effectiveness of Criminal Legal Regulation136- 141
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The Institute of Prosecutor of International Criminal Court: the Principles of Organization and Functional Powers171- 180
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Judicial Interpretation of Criminal Legal Provisions in the Light of Standards of the European Court of Human Rights185- 193
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Criminal means of impact in the mechanism of implementation of rules that establish penalties for crimes239- 245
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Property as an object of criminal and legal protection242- 248
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Criminal Responsibility: Concept, Principles, Foundation249- 260
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Problems of Criminal Legal Protection of National Security of Ukraine257- 264
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Penalization of Criminal Offenses: Prospects for Improvement291- 297
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Issues of Delimitation of Property Crimes and Crimes Against the Environment291- 299
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Criminal Forfeiture in the Sphere of Economic Activity: Application Problems315- 326
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Criminal-Legal Measures: a Cultural Anthropological Conception351- 357
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Sanctioned by the Court the Extreme Necessity in the Theory of Compensation of Physical Harm Caused by the Crime358- 364
Advocacy Institute: Topical Matters
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Legal Nature of the Bar as a Social Institution194- 198
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Advocates with Firearm in the Ligh of Guarantees of the Advocates’ Practice199- 205
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Recall from the Post of Chairman (Member) of the Body of SelfGovernance of the Bar: Legal Nature, Essence and Ways of Optimization206- 215
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Оrganizational and Legal Principles of Functioning of the Bar in Germany216- 222
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Worldwide International Legal Standards of Advocacy Organization and Activity: Ukrainian Dimension260- 256
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Advocateship in Ukraine in the light of general principles of organization and activity of advocateship in the EU countries375- 379
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