Legal journal «Law of Ukraine» (Ukrainian version)
| Issue | 1-2 / 2013 |
| Paper version | 140 |
| Electronic version | 150 |
| ISSN (print) | 1026-9932 |
| ISSN (online) | 2310-323X |
The contents of the journal
I. Financial Law Theory Issues
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Financial Law and Policy: the Modern Challenges15- 20
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Forming of the Financial Law Field21- 28
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Unreal provisions of financial law of Ukraine29- 37
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On the Issue of Legal Financial Norms Classification38- 44
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On Certain Modern Tendencies in Science of Financial Law45- 49
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On the Issue of the Main Features of the Financial Legal Terms50- 56
II. Development of Budget Law on the Territory of Independent Ukraine
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Budgetary Legislation: Current State and Prospects of Development57- 64
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Some Reflections on the Place of Decisions of the Constitutional Court of Ukraine in the System of Sources of Budget Lawq65- 71
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The Issues of Local Governments Budgetary Authority72- 78
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To the Point of Budgetary Legal Relations Classification79- 86
III. Legal Basis for Tax Laws Reformation in Ukraine
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To the Problem of Determination of the Jurisdiction over Tax Disputes87- 92
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Conceptual Approaches to the Determination of the Tax Obligation93- 98
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Taxpayers and tax authorities as subjects of public legal dispute99- 105
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Features of Tax Legal Benefits: the Problems of the Formation106- 111
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Tax Legal Offence According to the Tax Code of Ukraine: Problems of Definition112- 121
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Legal Regime of Mandatory Payments in Ukraine: Constitutional Basis and Reforming Problems122- 132
IV. Legal Basis for the Development of Certain Financial Legal Institutions in Ukraine
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Financial Legal Process: the Scientific Paradigm133- 139
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Public Legal Regulation of Relations in the Banking Sector140- 148
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Markets of Financial Services as an Object of Financial Legal Regulation149- 158
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Problems of Legal Regulation of the Financial Control Methodology159- 165
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To the Question about the Legal Nature of Financial Responsibility166- 170
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Individuals and Time: the Formation of Financial Law Science in the Novorosiiskyi University of Odessa (end of XIX — beginning of XIX с.)171- 178
V. Problems of Legal Regulation of Financial Relations in Foreign Countries
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Some Trends of the Financial Law Development in Russia179- 186
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Current Trends of the Financial Law Development in Poland187- 194
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On the Realization of Principle of Transparency (Openness) of the Budget Process in the Russian Federation, in Contex of Result Oriented Budgeting195- 200
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Institute of Supervision Over Transfer Pricing: Correlation Issues Between Civil and Public Methods of Law Regulations in the Republic of Belarus201- 208
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The Consolidated Financial Statements as the Basis for the Consolidated Banking Supervision in Russia: Legal Regulation and Prospects of Development209- 214
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The State and the Taxpayer: the Prospects of Tax Dispute Resolution Mechanisms Development Under the New Economic Circumstances in the Republic of Kazakhstan215- 220
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Financial and Legal Aspects of the Minimal Reserves Formation by the EU Credit Institutions221- 226
Modernization of Consitution of Ukraine: Topical Issues
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Introducing Amendments to the Constitution of Ukraine: Problem of Constitutionality178- 183
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Some Issues Related to the Introduction of the Constitutional Complaint Institution in the National Legislation244- 268
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Constitutionalization of the Concept of Sustainable Development of Ukraine269- 274
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Conflictology Expertise of the Acts of Constitutional Legislation275- 283
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Constitutional Modernization of Law Enforcement Activities and Law Enforcement Agencies System: the European Experience and Ukrainian Perspectives292- 302
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Current Issues of Bicameralism (Bicameral Parliamentary Structure) in the Classical European State Legal Theory341- 347
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Local Self-Government: System Analysis348- 355
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Concept of Modernization of Law Enforcement System and Improving the System of Law Enforcement Agencies in Ukraine356- 364
Integration of Ukraine into European Legal Space: Current Issues
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«Part in the Domestic Market» for Ukraine Within the Framework of the Agreement about Association between Ukraine and the European Union97- 104
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Advocacy of Ukraine in the Light of European Aspirations105- 112
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Methods and Means of Interstate Legal Integration120- 130
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Certification of the Judgment as the Procedure of its Recognition on the Territory of the European Union131- 138
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Conception of Institutional Balance in the Context of the Separation of Powers in the European Union: Theoretical Issues138- 147
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Ensuring the European Court of Human Rights’ Case Law Consistency: Role of the Grand Chamber162- 169
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Harmonization of Ukraine's Legislation in the Field of Technical Standards with the European Union Law Provided by the Association Agreement184- 200
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Integration Processes in EU in the Field of Individualization Means Protection of Participants of Civil Circulation, Commodities and Services201- 207
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The Regulation of Scientific Research in the EU According to the Lisbon Treaty and Framework Programmes214- 223
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Schengen and Visa Information Systems as Form of Fight Against Illegal Immigration284- 289
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Prosecutor’s Office of the European Union: the Problems of its Establishment290- 295
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Competition Law and State Aid Reform in Light of EU-Ukraine DCFTA and its Impact on Business in Ukraine303- 317
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Genesis and Evolution of the Legal Regulation of Competition in the European Union365- 375
General Theory of Law and State
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Cooperation of civil society and legal state38- 42
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Morality and law: cooperation under modern circumstances43- 53
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Understanding of State and Law: Problem Aspects of Theory67- 76
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Legal Systems of the World: Past and Present of the Legal Families Approach to Their Types81- 89
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Terrorism as Illegal Social Practice90- 96
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Structural Description of Legal Conflict93- 98
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The Concept of the State Functions in G. Jellinek’s Legal Theory: Theoretical and Methodological Aspects118- 126
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Functioning of evidences as semiosis: from factual data — to facts127- 133
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Doctrinal Sources of Law in the Context of Globalization147- 154
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On the Application of Systemic Approach in Comprehension of the System of Law Integrity157- 164
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Transparency of Public Authorities: National and Foreign Experience158- 156
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Technical and Juridical «Defects» of Normative Legal Acts in Ukraine: Basic Varieties169- 177
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Albert Dicey on the Rule of Law as the Supremacy of Law in Narrow Sense170- 177
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Essence of legal fiction184- 187
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Development of Cultural Function of the State as Condition of Democratic Transformations of Ukrainian Society210- 217
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Some Remarks on the Existence of the State224- 231
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To the Problem of Determining the Conditions for Ensuring the Operation of Law234- 242
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A Matter of Construing a Universal Legal Theory as a Shared Conceptual Basis for Theories of Domestic and International Law240- 244
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Introduction of Law into Effect: Concept Definition240- 248
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The Enactment of Laws: Сurrent Theoretical Issues of the Research of Subject243- 249
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Some Controversial Issues of Determining the Category of «Source of Law» in Modern Jurisprudence245- 252
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The New Paradigm of Human Rights Functions of a Modern Democratic State252- 258
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On the Definition of «Normative Legal Act»: a Practical Necessity and Theoretical Possibility of Adjustment274- 280
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Interpretation of the Rule of Law: Basic Domestic Approaches and Their Dialectical Complementation296- 309
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Place of the Armed Forces of Ukraine in the System of Public Authority310- 316
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Lawful Regime: the Methodological Levels of a Study317- 323
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Legislative Acts in the Mechanism of Implementing the Law318- 327
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Urban Law in the Aspect of Legal System328- 335
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The general theory of state and law: сurrent status, trends364- 374
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The state and civil society: Ukrainian choice375- 384
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Objectivity of law: Hypothesis and perception385- 395
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Criteria of classification of legal facts396- 403
Civil Law
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Defamation as a Civil Law Institute: the concept, qualities, problem aspects52- 58
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Legal regulation of derivative’s usage in Ukraine: current state and improvement prospects59- 64
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Application of Norms Regulating the Compensation for the Moral Damages due to the Untimely Return of a Bank Deposit: Current Status and Possibilities for Improvement60- 65
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The Rights and Obligations of the Tenant of Living Premises and the Members of his Family66- 72
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Debating Issues in Defining of the Legal Nature of the Modern Individual Right to Personal Data74- 80
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Compensation for moral damage as the way of the civil rights protection76- 82
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Property Restitution89- 98
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Theoretical Issues of Law Enforcement in the Field of Information Relations96- 104
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Problem of Determining Subject of a Transaction99- 106
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Information as an Object of Civil Rights: Concept, Methodology, Legal Nature107- 115
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Theoretical and Practical Issues of Determination of Civil and Legal Concepts and Categories112- 118
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Contribution of Professor A. Hordon to the Development of the Doctrine of Advocacy116- 122
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Study of Intellectual Property Protection in Specialized Institutions120- 127
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Regulatory Legal Facts in the Mechanism of Civil Property Relations Termination131- 138
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Comparative Legal Analysis of Certain Problems of Inheritance Law in Ukraine139- 149
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The Principle of Unity of Legal Terminology and Its Implementation in Modern Civil Law (by for Example of the Term «Transaction»)161- 167
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Some Aspects of Deficiency of Right-Depriving Jural Facts in Civil Law168- 174
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Legal Mechanisms of Restoration of the Subject’s Rights in Defective Transactions171- 178
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Agreement on the Grant of Services of Movable (Mobile) Connection: to the Formulation of the Problem175- 183
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Research and Improvement of Transport Relations by Professor K. Otte (FRG)179- 184
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The Peculiarities of Succession under a Will with a Condition184- 191
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The Sports Agency Service Contract: Concept and General Characteristics189- 197
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The bounds of civil regulations of relationships the object of which is the life, health and bodily integrity209- 215
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The Functioning of Law Termination Mechanism out of Suspending and Resolutive Conditions of a Deal210- 217
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Moral rights of individuals: mosaic classification216- 221
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Right to Deduction and Deduction — Independent Methods of the Protection of Creditor’s Rights in Contractual Obligation218- 226
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Legal Nature of Escheated Inheritance Transition to Local Community’s Ownership218- 225
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Nationalization in the Context of Property Relations Termination Mechanism225- 233
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On the Convergence of Public and Private in Civil Law232- 239
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Legal Property Regime: Concept and Maintenance274- 281
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The Notion and Legal Nature of Agreements on Novation of Debt into the Loan Obligation282- 287
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The Elements of the Mechanism of Rights Termination: Civil and Legal Aspect of the Jural Facts Theory287- 293
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Current State of Underwriting Legislation in Ukraine288- 295
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Sources of Civil Law in Ukraine: the Concept, System, Types294- 309
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Certain Issues Concerning the Suspension of the Private Notary Activities in Ukraine310- 321
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Interests Protected by Law in Property-Law Relations324- 331
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The Natural Right of Choice and its Interconnection with the Civil Legislation325- 333
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Essential Features of Property Rights as Objects of Civil-Relations Law332- 337
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Civil-law Nature of Abandonment338- 343
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Problems of Insurance of Civil-Law Responsibility and Way of Their Overcoming344- 350
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
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 Debate
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Reforming Legislation in the Field of Transplantation: Medical and Legal Aspects312- 318
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Exercise of Public Ownership Rights for Property, Assigned to an Enterprise357- 364
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The Issue of Consideration of Labour Disputes of Power Entities365- 371
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Legal Means of Provision the Overcoming of the Chornobyl Catastrophe Consequences381- 389
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Correlation Between Civil and Financial Legal Policy387- 394
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Militia or Police?395- 400
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