PROBLEMS OF LEGALITY

8-19

Authors: М. І. Панов

The article provides an outline of the principle of «legal certainty» in the practice of the European Court of Human Rights, shows its influence on the quality assurance of national criminal law and the principle of «rule of law» and «law» in judicial practice in criminal cases. It is noted that the category of «quality of the law on criminal responsibility» is closely connected with the principle of «legal certainty», includes a wide range of issues, the most important of which is the problem of the accuracy of criminal law. The content of this multifaceted category in terms of its various aspects: epistemological, logical, linguistic, pragmatic and on this basis are considered essential features and properties of the accuracy of criminal law, a necessary condition for ensuring the quality of the law on criminal responsibility. At the same time found out some shortcomings of the current penal legislation, proposals are being made to eliminate them.

29-38

Authors: П. В. Олійник

On the basis of the interpretation of generic subject of the property crimes under Section VI of the Special Part of the Criminal Code of Ukraine there have been distinguished the factors, which have significant impact on the definition of the essence of the target of such crimes. These are social, economic and legal factors. Also taking into account the nature of the impact of these factors on the target the author established the characteristics of generic subject of property crimes and gave its definition.

47-54

Authors: С. В. Гізімчук, О. С. Олійник

The article is devoted to the investigation of the theoretical aspects of the act as an element of actus reus of a crime under Art. 239-1 of Criminal Code of Ukraine "Illegal seizure of soil cover (surface layer) of lands". The analysis of this element is conducted and, as a result, amendments to existing Criminal Code of Ukraine and land laws are proposed.

59-67

Authors: В. В. Базелюк

This article is devoted the investigation ofcriminological factors establishing of criminal liability for the illegal searching works on the object of archaeological inheritance, destruction or damage of cultural inheritance. Researched social danger, the relative prevalence and dynamics ofcommitting the offenses under Art. 298 of the Criminal Code of Ukraine.

74-80

Authors: О. Д. Комаров

The article deals with issues of the mistake of the causal relationship. The modern criminal law science approaches to the content of the mistake of the causal relationship and its significance to the qualification of the crime are described. It is proved that in cases of dolus generalis different mental attitude of the guilty person to two separate acts of his conduct exist. Consequently, in mentioned above cases mistake of the causal relationship does not have place. The rules of qualification of the crimes commited with the mistake of causation and in cases of dolus generalis are proposed .

87-94

Authors: О. Ю. Булулуков

Address the use of psychology in making tactical decisions in the investigation of crimes. Named elements of psychological basis for decision-making and disclosure of their contents. The potential use of psychology developed methods for the selection and decision-making.

103-111

Authors: В. О. Рум’янцев

In the article examines the content and evolution of the idea of Ukrainian national-state revival in public opinion leading public figures, lawyers, political parties in the Ukrainian lands late XVIII - early XX century.

118-124

Authors: В. О. Сліпенчук

The article is devoted to the study of the process of legal education of the individual, the impact on the formation of legal consciousness. Analyzed understanding of the educational process and its possibilities in the concept of philosophy of education S.I. Hessen. Defined the main directions of education legal human in Ukrainian society.

137-144

Authors: Д. В. Тимошенко

The theoretical research of the content and meaning of notions «cause», «condition» and «chance» in the theory of causation in labor law is provided in the article. The analysis of legal and philosophical literature on research of the notions «cause», «condition» and «chance» is carried out. The author explores the relation of notions «cause» and «condition».

154-164

Authors: А. К. Соколова

This research is dedicated to issues, related to determining the legal principles of management in the sphere of water protection, use and rehabilitation of water resources. It considers the legislative acts, determining competences of the related state authorities. The research provides recommendations on improving appropriate legislation.

174-180

Authors: Ю. А. Чуприна

The article outlines the main directions, stages in the development of water legislation, analyzed the basic complex acts, considered the formation and development of the system of public water management authorities, traced the formation of the body acts on the responsibility for the protection and rational use of water resources.

189-196

Authors: Є. М. Копиця

The paper studies legal normative grounds for normalization in the field of ambient air protection and analyses its place in the system of legal regulation means in the field under question. Analysis of legislation in force revealed certain drawbacks in conceptual instruments of normalization institute, and ways of theirs elimination are proposed on the basis of scientific research provisions.

201-217

Authors: В. В. Мацюк

The analysis of regulatory support service and combat activity of the forces of law and order in social emergency situations is realised. The basic problems are determined for of legal regulation of service and combat activity of the forces of law and order in social emergency situations. The main ground is proved for need to introduce in the south-eastern regions of Ukraine emergency legal and administrative regimes.

209-216

Authors: О. Б. Червякова

The article examines the impact of actual corruption risks in providing access to information resources. Defined objective and subjective factors contributing to the corruption risks and the ways of their reduction. Attention is focused on the need to strengthen state control over the implementation of the law on ensuring transparency in government, including through the creation (definition) special authority.

230-236

Authors: І. О. Ємець

The article deals with the question of the legal nature and essence of international legal assistance in civil matters, and, by the way, with the content of international legal obligations of States in the given area and implementations of that obligations. Special attention is paid to the concept of international legal assistance, as defined in the relevant of international treaties and international public law mechanisms by which ensured the implementation of such agreements.