Legal journal «Law of Ukraine» (Ukrainian version)
| Issue | 6 / 2012 |
| Paper version | 60 |
| Electronic version | 150 |
| ISSN (print) | 1026-9932 |
| ISSN (online) | 2310-323X |
The contents of the journal
І. Theory of Pension Provision
ІІ. General Problems of Reforming of Pension Provision
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New Pension Reform in Independent Ukraine: Disputable Issues33- 39
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Current Problems of the Codification of the Ukrainian Pension Legislation40- 46
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Reform of Solidary System of Retirement Insurance in Ukraine: Legal Regulation Issues47- 52
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Pension Provision on Disability as a Result of General Disease in the Framework of Pension Reform in Ukraine53- 59
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Problems of Legal Regulation of Recalculation of Pension60- 66
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Trends in legislation on retirement age67- 73
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The Mechanism of Legal Protection of the Right to a Pension74- 79
ІІІ. Special Pension Provision
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Pension Provision for Police Officers: Particular Aspects of Reformation80- 85
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Pension Provision for Government Employees: an Attempt to «Reform»86- 92
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Long-Service Pension for Transport Workers93- 99
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The Improvement of Retirement Provision of the Employees of the Bodies of Internal Affairs100- 106
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Concerning the Issue on the Preferential Pension for Flying Personnel107- 114
ІV. Foreign Experience
Current Issues on the Integration of Ukraine into European Legal Space
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The development of the legal regulation of information security in the European Union106- 117
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«Fresh start» Doctrine in Legislation of the European Union Countries152- 156
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Reform of the Institute of Detention of Suspects in the Framework of European Standards and the Constitution of Ukraine157- 162
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The System of the Council of Europe Procedural Norms203- 209
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The Social Rights Protection under the European Convention on Human Rights. Importance for Ukraine241- 251
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Cooperation between Ukraine and the EU in Combating Illegal Drugs Transfering: Legal Aspect268- 273
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The Europeanization of the Ukrainian judicial system as a component of European integration policy of Ukraine300- 306
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Problems of reformation in criminal proces of Ukraine like in European Court of human rights307- 312
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
Labor Law
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On the Problems of Regulation of «Working Owners» Relations by Labour Law of Ukraine73- 80
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Particularities in Regulation of the Labor Disputes Commission Legal Status in the Ukrainian Legislation86- 90
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Comparative Analysis of the Legal Means of the Labor Discipline Observance by the Participants of Labor Process in Ukraine and Certain Foreign Countries91- 97
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Legal relationships are in the field of obligatory state social security115- 120
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Any Prospects in the Field of Labor Law?119- 130
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The role of institutions of local government in the establishment and functioning of special (free) economic zones121- 126
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Restoration vs renewal missing procedural term in commercial process127- 131
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Non-Standard Forms of Employment: Ways to Avoid Negative Effects for Employees145- 152
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The Legal Nature of the Trade Union’s consent to Terminate the Employment Contract by the Employer171- 180
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On the Employment Law or the New Outlines of Labor Law197- 207
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On Some Aspects of the Essence of Right to Labor215- 220
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Problems of legal regulation of termination of employment with the civil servants on grounds of violation of the oath222- 230
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Functions of labor law in the contemporary economy223- 234
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Subject labor relations: problematic issues235- 241
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Is it True that the State does not Guarantee Citizens the Right to Work?249- 257
Land Law
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Theoretical Aspects of Legal Regime of Lands of National Environmental Network of Ukraine110- 118
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Land Relations and Land Law in Legal Doctrine of Ukraine131- 142
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Determination of Land Legal Capacity of Cooperatives150- 156
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Legal nature of notion capital building lands170- 174
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The Social Function of Land Ownership in Ukraine: the Concept and Essential Features181- 188
Environmental Law
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Legal Issues of Public Assessment of Environmentally Dangerous Economic Activities Projects123- 130
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Doctrine of Environmental Law Science: Genesis of Theoretical Studies of Environmental and Legal Issues in the ХХ Century143- 154
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Legal Assessment of Projects of Industrial and Other Business Facilities Affecting the Environment155- 162
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Specific Features of Geological Legal Personality Formation189- 196
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Concept of State and Legal Mechanism of Environmental Quality Management by O. Surilov as a Source of Improvement of Ukrainian Forest Legislation234- 241
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Factors affecting the formation of the environmental sources of law in Ukraine and their implementation345- 352
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General Legal Principles of Sands Using as a Type of Minerals396- 404
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The improvement of coast management in Azov and Black Seas431- 438
Administrative Law
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The Importance of Professional Heritage of Professor M. Kuplevaskyi for Modern Ukrainian Administrative Legal Science and Law-Making119- 127
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Grounds for Appeal on Acts of Ukraine’s Customs Authorities and Award by Court of Wrong and/or Excessive Customs Duties Included in the Budget139- 144
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The Concept of Human-Centrism in Modern Doctrine of Administrative Law157- 165
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Revision Features on Decrees of Appeal by the Supreme Court of Ukraine in the Range of Solving Tax Disputes between Business Entities and State Fiscal Service of Ukraine166- 170
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Legal Entities as Subjects of Administrative Law (on Reform of National Administrative Legislation)170- 177
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Conclusion of Administrative and Legal Agreements in Business Sphere: Particular Issues197- 201
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The Patriotism and Service to the Ukrainian People – the Principle of Public Service: Some Theoretical, Legal and Regulatory Aspects198- 205
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Main Administrative and Coercive Measures Against Drug Trafficking in Ukraine: Implementation Priorities in Current Reform Process199- 208
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The state property management (functional aspect)202- 208
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Regime of Medical Care Provision: Concept, Types, and Administrative and Legal Regulation206- 214
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Аuthorities of Local Self-government as Specific Kind of Collective Subjects of Administrative Law209- 217
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Civil Society and the State in the Context of Administrative Law227- 233
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The Content and Features of the Administrative and Legal Relations in the Field of Public Health Care241- 248
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Content Ascertainment of the Categories «System» and «Structure» on the Basis of the Analysis of the Administrative Legal Activity of the State Border Guard Service of Ukraine244- 248
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Legal Liability of Bailiff as a Part of its Administrative and Legal Status258- 265
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Forms and Instruments of Public Control322- 330
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Administrative Personality of Legal Entities as the Basis of their Administrative Legal Status: Theoretical Legal Analysis385- 395
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The system of subjects of administrative law439- 445
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
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
Applicable Questions of Judicature
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
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
International courts
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New Arbitration Rules of the International Chamber of Commerce: modern view of the future of international arbitration90- 103
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The right to file a collective claim to ICSID in the light of the decision on the case «Abaclat and Others v. Argentina Republic»104- 110
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Sources of law applied in the course of arbitration within the International Centre for Settlement of Investment Disputes330- 337