Перегляд за Автор "Kuchuk, Andrii"
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- ДокументADMINISTRATIVE AND LEGAL SUPPORT OF POLICE MANAGEMENT IN THE CONTEXT OF ECONOMIC INTEGRATION(Baltic Journal of Economic Studies, 2023) Medvedenko, Nadiia; Медведенко, Надія Василівна; Kuchuk, Andrii; Tryhub, SerhiiThe subject matter of the study is the conceptual, theoretical, empirical and methodological foundations of legal and economic aspects of administrative and legal support for the management of police activities in the context of economic integration. Methodology. The study uses general scientific and special methods of cognition. The dialectical method was used to analyse the essence of police management in the context of economic integration in both the legal and economic dimensions in a wide range of parameters. The analysis provided the basis for a multidimensional study of all the characteristic features of police management in the context of economic integration in economic and legal etymology. The synthesis created the basis for generalising the characteristic features of this police activity as a law enforcement agency. The formal legal method allowed for an accurate interpretation of the legal provisions defining the general and special legal framework for administrative and legal support of police management in the context of economic integration. The article aims at defining the essence of administrative and legal support for management of police activities in the context of economic integration and developing proposals for its improvement. The results of the publication show that the administrative and legal support of police management in the context of economic integration covers a number of comprehensive measures in various areas of activity of the relevant police unit, primarily aimed at ensuring economic security. The paper identifies areas for improving the administrative and legal support of police management in the context of economic integration, with a significant emphasis on lawmaking. Conclusion. In the context of economic globalisation, so-called transnational crimes play a significant role, including the creation of and participation in organised criminal groups, corruption offences, obstruction of justice, and money (income) laundering. The National Police of Ukraine is taking a number of measures to counteract unlawful manifestations in the economic sphere, which are largely components of transnational crime, by implementing appropriate management measures. In the context of administrative and legal support of the National Police, the article examines the structural elements of transnational crime and the powers of the police in this area. Some aspects related to combating crimes committed by organised groups and criminal organisations, corruption offences, economic crimes and the prevention of economic crime were highlighted. In order to overcome the negative manifestations of economic crime in the conditions of economic integration, relevant measures have been proposed, including: participation in legislative work, which should primarily incorporate the best practices of the international community in this area; development of the concept of service activities, which mediate the form and content of law enforcement activities in the economic sphere; improvement of management activities in combating manifestations of corruption in the economic sphere; creation of a qualified personnel potential in the relevant units of the National Police, whose activities are aimed at ensuring economic security in accordance with the above directions, etc. The paper provides proposals for improving the legislative definition of the concept of economic security and delineating the competence of national security entities in this area, including police units.
- ДокументMODERNISATION OF THE LEGAL REGULATION OF TEMPORARY RESTRICTIONS ON THE EXERCISE OF PRIVATE RIGHTS IN UKRAINE ON THE WAY TO ECONOMIC INTEGRATION(Riga, Latvia : “Baltija Publishing”, 2023) Makovii, Viktor; Маковій, Віктор Петрович; Kuchuk, Andrii; Filianina, LiudmylaThe subject of the study is the theoretical and applied aspects of legal regulation of certain economic relations, in particular, the temporal restrictions on the implementation of private rights in Ukraine. Methodology. General scientific and special legal methods were used in the research process. Quantitative and qualitative parameters of organisational, legal and economic measures aimed at modernising the legal regulation of time limits on the exercise of private rights in Ukraine were determined with the help of the analysis. The synthesis ensured the clarification of the common features of economic and legal phenomena, which is a precondition for the modernisation of the legal regulation of time limits for the exercise of private rights in Ukraine. The comparative legal method allowed to identify common and specific features of the normative regulation of time limits on the exercise of private rights in different states (taking into account legal and economic features). The formal-legal method made it possible to draw conclusions on the effectiveness of the normative fixing of time limits on the exercise of private rights in the civil legislation of Ukraine and to make relevant proposals for changes in the civil legislation. The purpose of the study is to determine the state of legal regulation of time limitations on the exercise of private rights in Ukraine and to determine the prospects of its modernisationfor the sake of economic integration (through the study of legal and economic aspects of the specified phenomenon). The results of the study showed that the state of legal regulation of time limits on the implementation of private rights in Ukraine on the way to economic integration creates the conditions for its modernisation within the framework of general and special legal regulations. Conclusion. The basis of the civilised development of the modern world community is the establishment of civilised rules for the circulation of relevant property goods. From this point of view, among the social relations that are the subject of civil law regulation, the most important are property rights and non-property rights related to them (which have no economic significance, but by their very nature play an important role in ensuring civil circulation). The Civil Code of any state is a basic legislative act regulating a significant part of social relations. The modernisation of temporal categories in various institutions of civil law can be characterised from the standpoint of the concept of updating the Civil Code of Ukraine, as well as from the study of the state and the need for improvement of other legal structures, in particular, from the standpoint of international jurisprudence. The temporal characteristics of the law are characterised through the prism of the limitation of the subjective right to intellectual property, which is generally consistent with the normative prescriptions contained in intellectual property law as a subdivision of civil law. The problematic aspects of the unification of intellectual property relations in the general provisions of the Civil Code of Ukraine and special legislation are identified, and proposals for the legal regulation of such relations are made in the light of international legislation, judicial practice and legal doctrine.
- ДокументPUBLIC INTEREST AND GOOD GOVERNANCE IN THE RULE OF LAW ASPECT(2022) Berendieieva, Anastasiia; Берендєєва, Анастасія Ігорівна; Pyshna, Alla; Пишна, Алла Георгіївна; Bakhtina, Iuliia; Kuchuk, AndriiThe purpose of the article is to elucidate the relationship between good governance, the public interest and the rule of law, given the declining tendency of the rule of law indices around the world and in the crisis conditions. The study is based on a systematic method that has allowed to establish the relationship be-tween the rule of law, good governance and the public interest and determines the use of content analysis and hermeneutic methods. The article clarifies that the rule of law and human rights are the values of a democratic society that determine the content and direction of public authorities’ and legislation activities, argues that the declining tendency of the rule of law index does not indicate a devaluation of the rule of law and citizens' disbelief in its effectiveness; instead, this tendency might indicate a certain change in the vector of public authorities activity, and improper exercise of powers by established means. A comparative anal-ysis of the two countries and their governance systems between Ukraine and Germany showed differences in countries with different rule of law indices. Good governance and the rule of law are interdependent and cannot exist without each other. The main provisions of the article can be guidelines for improving public administration within states implementing the rule of law.