PROBLEMS OF LEGALITY

24-35

Authors: Grynchak A. A.

The article reveals the features of parliamentary responsibility of the governments of Western Europe. When the government or some of its members is to be failing to carry out their duties, parliament can initiate procedures which have the potential to replace all or part of the government. There are two different types of procedure. One is the withdrawal of confidence in the government or in individual ministers. The requirement for a certain minimum number of votes to be obtained before such motions can be initiated or passed highlights the relative strengths of the different political groups within parliament. Where the government has a parliamentary majority, it can usually count on that majority to block the motions. The majority of the parliaments in Europe allow votes of no confidence in the government. Where the legitimacy of the government rests on parliamentary confidence, the withdrawal or denial of confidence by parliament can force the government out of power. For a vote of no confidence to be passed an absolute majority of all members of the chamber (or chambers, if votes are taken in joint session) is required. Where the collective responsibility of the Cabinet is stressed, a votum of no confidence againstindividual members is prohibited. Several parliaments admit both collective and individual responsibility and allow both types of no confidence motions. The difference between votum of no confidence in the government as a whole and votum against individual ministers were researched. It is concluded that institute of government’ parliamentary responsibility of is the an integral feature of a democratic state with parliamentarianism, ensuring the optimal functioning of the highest bodies of state legislative and executive power.

49-61

Authors: Karnaukh B. P.

According to the general principles of tort law, in order to succeed a plaintiff must prove causal nexus between the damage he or she sustained and the actions of a particular defendant. However, in some factual situations this task appears to be impossible, and the question arises whether the plaintiff should be left uncompensated or rather the general rule on proof of causation has to be relaxed. In a groundbreaking case Summers v. Tice (the facts of which are also known as ‘two hunters dilemma’), the Supreme Court of California favored the latter option. The Court shifted the burden of proof and decided that under these exceptional circumstances it is for each of the defendants to absolve himself from liability by providing evidence that he could not had caused the damage. The conclusion of the Court does not cause any doubts. However scholars dispute over the exact explanation of that conclusion, because it is the explanation that is crucial for future similar cases. The circumstances of the Summers case are thoroughly analyzed by many writers. Some suggest that even the number of defendants matters (supposing thus, that if there were three of them the court would not have reached the same conclusion). On the other hand, the character of their activity is underlined. The proponents of this point of view focus on the fact that the members of hunting party can coordinate their actions and it is this opportunity of coordination that justifies the burden shifting. The common denominator for numerous authors is spotlighting the fact that both hunters are at fault for causing the uncertainty, even though one of them might not be at fault for causing damage. However, in some other situation the uncertainty could have been caused without their fault. The author doubts if in the latter case the defendants should escape liability. The author offers the following explanation of the two hunters dilemma. Whenever it has been proven that defendants acted negligently subjecting the plaintiff to a certain type of risk and it has been proven that one of them did actually caused plaintiff’s damage, neither of the defendants can absolve himself from liability merely relying on the fact that the damage may have been caused by the other defendant. Otherwise the vicious circle will arise.

80-91

Authors: Konopeltseva О.O.,

The grounds on which the employer is allowed to terminate the employment contract with the employee are considered if the employee's inconsistency with the position or job is established. It is emphasized that dismissal of an employee is allowed in case of a discrepancy due to a state of health, which hinders the continuation of this work, if it is impossible to transfer him to an easier job due to the absence of a vacant job or refusal to transfer. A characteristic feature of dismissing an employee due to poor health is the lack of guilt. The inability of the employee to perform his or her work duties is linked to the state of health and does not depend on his will and desire, and therefore cannot be blamed on him. The article proves that temporary disability cannot be considered as a reason to dismiss a worker. According to the medical report, the owner or his authorized body must transfer such persons with their consent to such work temporarily or without a time limit. Such transfer of an employee is possible under the conditions on which both medical and legal basis can be. In the case of refusal of the employee to transfer or absence at the enterprise of work that he could perform without harm to his health, the owner or his authorized body may raise the issue of his dismissal in due course due to the found inconsistency of the occupied position or performed work due to a state of health that impedes the continuation of this work (paragraph 2 of Article 40 of the Labor Code of Ukraine). Such dismissal shall be allowed in the exceptional cases where the owner or his authorized body really does not have the opportunity to transfer the employee upon his or her consent to another job according to a medical report.

114-124

Authors: Bereikienė Daiva

The article analyzes the legal regulation of hazardous waste management in Lithuania and its compliance with regional waste management strategies and legislation. Noteworthy, that in Lithuania, the hazardous waste management policy is based on the EU waste management hierarchy. We can assume that the system of administrative measures applied for the management of hazardous waste: licensing, permits, is appropriate and presupposes the reduction of the negative impact of the generation and management of hazardous waste on human health and the environment. For companies, which operates with hazardous waste management the legislation imposes an obligation to operate in accordance with the general EU environmental principles of precaution and sustainability, technical feasibility and economic viability, protection of resources, and the overall impact on the environment, public health, the economy and the social environment.

136-153

Authors: Panov М. I.

The article is devoted to the analysis of scientific concepts and legal terminology of criminal legislation, the identification of their relationship and role in lawmaking in the development and adoption of quality in form and perfect in content laws on criminal liability. The logical structure of criminal law concepts (content and volume) and their industry types are considered: specific, generic, evaluative concepts and categories as fundamental concepts of law; developed the basic rules for their determination and consolidation in the text of the law. The basic requirements (quality parameters) that are presented to legal terms are identified, with the help of which the law on criminal liability defines legal concepts that comprise the content of legal norms, legal structures and other legal formations that are components of this law. The proposals aimed at improving the form and content of criminal law are formulated. The problems of scientific concepts and legal terminology considered in the article, their analysis and formulated proposals are aimed, as a whole, at improving legislative activity on the development and adoption of high-quality criminal-form laws in form and perfect in content. Legal concepts and legal terminology - organically interconnected phenomena of criminal law - are specifically logical and linguistic means of displaying and consolidating verbally in criminal liability laws (in their norms, legal structures, other regulatory legal conditions) subject to legal regulation formations) of phenomena (objects) of reality that are subject to criminal law regulation. The deeper the legal concepts are developed, the more perfect the legal terminology used in the text of the law, the better the positive law, which should be objectively capable of optimally regulating public relations in the field of criminal law.

168-184

Authors: Holovkin B. M.

The article is devoted to the research of the current state of criminological science and to determine the prospects for its development in the future. The achievements of the national criminology are reviewed, the integration of knowledge about crime and combating it is emphasized, and the coherence and synergy of scientific concepts, the introduction of a systematic method of knowledge of crime and the development of measures of preventive influence on its causes and conditions are substantiated. Criminology examines crime, its causes, criminals and victims of crime, prevention measures. Crime is a kind of objectively dangerous behavior that poses a threat to the individual, the state, business and society. Nowadays, the newest types of objectively dangerous behavior are most often encountered in cyberspace, in the sphere of electronic money circulation, use of artificial intelligence, provision of services, use of natural and labor resources. As an open social system, crime interacts externally with similar phenomena and processes, constantly changing under their influence and spreading in space and time. In addition, being an integral part of social life, crime has the property of self-reproduction and development, linked to the development of society, of changing the living conditions of people. It is concluded that the guidelines for the further development of criminology will be the international goals of global human development set out in the Millennium Declaration UN 2015 year and The Agenda of Sustainable Development by 2030 year. It is considered, key problems for criminological research by 2030 will be survival of people in the fierce struggle for access to economic and natural resources; counteracting various forms and manifestations of violence and other violations of fundamental human rights and freedoms; ensuring personal and collective security in the system of social interaction; environmental protection; the use of information technology for criminal purposes; counteracting transnational crime and terrorism; drug crime and arms trafficking, etc. In addition, the scientific potential of criminological institutions will be directed to the development of tools and tools to reduce the impact on crime and the social life of such negative social phenomena as poverty, social injustice and inequality, abuse of power, abuse of power by both the authorities and the general population. There is no doubt that, now and in the future, the development of crime will depend on social being, collective thinking and people behavior. In the workings of philosophers, political scientists and sociologists, the state of modern society is characterized by insane dynamism and instability, an increase in entropy, an increase in actual and potential risks, which is difficult to recognize and predict. This means that the existing concepts of explanation for the causes of crime will soon prove to be inoperative, as they were created in the last century on the basis of materialistic dialectics, linear thinking, contemporary ideas about the world of people, a hierarchy of values, rules and norms of people behavior in a stable society. In the long term, applied criminology will evolve by implementing the results of the fourth industrial revolution, in particular Big Data and Analytics, Simulation, Horizontal and Vertical system Integration, Piece Intellect, artificial neural networks. A breakthrough in the development of applied criminology will be made by artificial intelligence, biotechnology and nanotechnology. The use of innovative developments will ensure quick and correct management decisions, will form public opinion, influence the views and moods of a large number of people, correct the negative elements of public consciousness, quickly communicate to the general public the provisions of the current legislation and monitor its compliance. Among other things, digital technologies make it possible to build a system of total control and a mechanism for managing people's behavior in society. Soon by means of artificial intelligence, as well as genetic engineering, it will be possible to diagnose mental disorders, a tendency to misbehavior and criminal behavior, to classify people by degree of trustworthiness, to correct human psychophysiological defects, as well as to negative character traits that influence the choice of wrongdoing. and interests. Conclusions. On the basis of the above, I believe that in the future the value of criminology in solving human problems will increase, and the scope of the results of criminological research - will expand. On the basis of criminology will be a synthesis of industry knowledge about crime, forms and methods of combating it. New tools and instruments will be elaborated to prevent crime, as well as to protect people and property from criminal assault.

200-212

Authors: Каplina O., Maryniv V., Demura M.

The article explores the issues of the victim's involvement in the process of obtaining temporary access to things and documents. The current legislative provisions were analyzed, according to it only the parties to criminal proceedings have the right to appeal to the investigating judge during the pre-trial investigation or the court during the court proceedings requesting temporary access to things and documents. It is established that when a victim is not a part of the criminal proceedings, he is not empowered to apply to the investigating judge with a request for temporary access to things and documents. However, the practice of applying the law evidences about application another one approach to the solution of this issue, in particular, the existing court decisions on granting the investigative judge permission to the victim to temporary access to things and documents. This practice has led the Supreme Court to find that there is a lack of clarity, uncertainty about the legal rules regarding the victim's status and his rights in criminal proceedings, which constitutes an exclusive legal problem. In order to resolve this issue and to ensure the development of the law and the formation of a single law enforcement practice, the panel of judges concluded that it was necessary to refer the criminal proceedings to the Grand Chamber of the Supreme Court. In order to resolve this problem and to ensure the development of law and the formation of a uniform law enforcement practice, the panel of judges concluded that it was necessary to refer criminal proceedings to the Grand Chamber of the Supreme Court and to ask questions for clarification of the legislative provisions. On the basis of the generalized case law, it was concluded that there is no unity in approaches to granting the victim permission for temporary access to things and documents. It is concluded that the issues raised in the article are theoretical and practical issues of granting the victim permission for temporary access to things and documents which need their legislative solution.

223-242

Authors: Yakoviyk I., Tragniuk O., Boichuk D.

2019 marked 20 years since EU Member States decided to create a joint EU approach to security and defense. The paper raises the question on finding new approaches to provide security and defense in Europe in the current context, as well as the formation of a new paradigm for research on regional security in Europe. Traditional approaches to the study of European integration (neofunctionalism and intergovernmentalism) are of little use for theorizing the development of European defense in conditions of new challenges and threats to national and regional security, as well as transatlantic solidarity violations. The article studies European Strategic Autonomy (ESA), which refers to the ability of the European Union, in conjunction with Member States, to independently determine its own priorities according to which to take decisions and implement them in the fields of foreign policy, security and defense. ESA is not synonymous with independence, nor does it deny membership in military-political alliances, since a more realistic scenario implies positioning itself as a European pillar of NATO. The implementation of the idea of building a "european sovereignty" in the field of security and defense implies that the European Union should take bigger responsibility for its own security, the security of its neighbors, andshould strengthen its role in transatlantic relations without opposing NATO. In order to move from rhetoric to concrete policy steps, the EU needs to develop a plan of measures for political, institutional and industrial action. It means that achieving real autonomy requires time and joint efforts by EU institutions and Member State governments. However, political and institutional autonomy can be built exclusively within the whole Union, while military-industrial autonomy can be initiated and implemented by a group of the most economically and technologically advanced EU Member States.