Juridical Tribune - Tribuna Juridica

17

Authors: Assistant professor Iva LOPIŽIĆ; Associate professor Attila BARTA

30 years after the beginning of democratic transition, deconcentrated state administration (DSA) in Croatia and Hungary stands on different pathways - one led to the abolition of county state administration offices and extensive fragmentation of DSA, the other led to the integration of DSA and transforming county government offices to one of the biggest first-instance state administration bodies in Europe. The paper compares developmental paths of Croatian and Hungarian DSA during this period putting it into broader institutional context of changes in local self-government system. The comparation of Croatian and Hungarian case explores the interplay of historical heritage, pressures from international and EU environment, and national specificities on shaping contemporary territorial administration systems, role that DSA plays in post-socialist countries, and the factors that dictate its developmental changes, roles, and significance in territorial administration system.

19

Authors: Professor Volodymyr CHERNIEI; Professor Serhii CHERNIAVSKYI; Associate professor Viktoria BABANINA; Associate professor Vita IVASHCHENKO

The article examines areas of combating corruption in Ukraine, as a country with a high level of corruption, and some other countries with successful experience in combating corruption crimes. The article highlights features of state policy and criminal legal means of combating corruption crimes in Ukraine. The shortcoming of the state policy in the field of overcoming corruption were revealed, among which is the fact that Ukraine does not meet the requirements of international instruments for interaction between government and the public. The mechanism of counteraction to corruption in Ukraine is defined and the reasons of high level of corruption in Ukraine are revealed. The international experience in the fight against corruption crimes has been studied in order to identify and borrow effective experience in combating corruption. The experience of countries with a low level of corruption shows that the system of measures to prevent corruption should be based on the principles of legality, publicity, transparency, inevitability of punishment of perpetrators of corruption crimes. Based on foreign experience, recommendations for improving the anti-corruption mechanism in Ukraine have been developed.

20

Authors: Professor Oleкsandr SHEVCHUK; Professor Viktor SHEVCHUK; Associate professor Ihor KOMPANIIETS; Associate professor Serhii LUKASHEVYCH; Associate professor Olena TKACHOVA

This article explores the problems of legal regulation of the implementation of the "right of drug addicts for rehabilitation" in Ukraine‚ and the foreign experience of individual EU countries in this area. The methodology of this scientific work is based on the system of methods of general scientific and special-legal methods of cognition. This paper reveals the features of the implementation of the "right of drug addicts to rehabilitation", establishes the concept of "rehabilitation of drug addicts", as well as the term "right of drug addicts to rehabilitation", the legal status of individual subjects is studied. Who are involved in the implementation of rehabilitation services for drug addicts. It is proposed to divide legal acts that cover the implementation of the “right of drug addicts to rehabilitation” into two groups: (1) general and (2) special. It is emphasized that the legal framework that would cover an effective state system for the rehabilitation of drug addicts in Ukraine has not yet been created, and as a result, a large number of drug addicts do not have access to rehabilitation services‚ or do not receive them at all. Directions for optimizing the legislation of Ukraine on the rehabilitation of drug addicts are given, with an emphasis on the implementation in practice of effective programs for the rehabilitation of adolescents who are dependent on psychoactive substances, taking into account their age groups. It is proposed to adopt a special Law of Ukraine on the rehabilitation of drug addicts. It is concluded that the effective implementation of advanced methods for the rehabilitation of drug addicts in Ukraine, taking into account international standards, should be a priority part of state policy, and it is important to use the principle of a holistic approach to the legal regulation of such rehabilitation assistance.

35

Authors: JUDr. Simona FARKAŠOVÁ

This contribution responds to the so-called judicial amendment to the Constitution of the Slovak Republic of 9 December 2020, which was published in the Collection of Law No. 422/2020, which resulted, inter alia, in major changes of the position, composition, and powers of the Judicial Council of the SR; the author points to the evolution of the Slovak Judicial Council since 2001 as well as summarizes the circumstances that led to its establishment, also changes in its constitutional status, composition, presidency, and competencies. The contribution includes concrete details how, according to recent constitutional reform, the system of checks and balances in the composition of the Judicial Council of the Slovak republic was implemented, to eliminate the judicial corporatism and negative consequences of political influence on that matter. The essential part of this document is the comparative analysis of the selected aspects of the composition of judicial councils in the selected European states. Special attention is paid to the issue of the majority of the judges among other members and the influence of the political forces in the process of selecting the members of the judicial councils. All of these used methods of scientific research led the author to formulate and identify the system of checks and balances in the composition of the judicial councils to ensure the independence and effectiveness of the judicial council and even for the whole judiciary in a national and/or European environment.