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Revista Cuestiones Políticas

Editorial:
Universidad del Zulia
Fecha publicación:
2022-04-06
ISBN:
2542-3185

Número de Revista

Últimos documentos

  • Public services in the field of social protection of the population: international experience, administrative and penal aspects

    The issue of optimizing the mechanism for providing public services in the field of social protection of the population due to the ongoing armed conflict in Ukraine on the part of Russia (from 2014 to the present), as a result of which internally displaced persons need to solve a number of urgent needs both in European countries (Poland, Germany, Bulgaria, Romania, Moldova, etc.), including related to their accounting in these countries. In this sense, the objective of this editorial is twofold, on the one hand, to present volume 40, number 74 of Political Questions and, on the other, to highlight the concept and types of guarantees of ensuring legality concerning provision of public services in the sphere of social protection of population. It is concluded that the following types of guarantees of ensuring legality concerning provision of public services in the sphere of social protection of population in Ukraine have been justified: appeal of decisions, actions or inaction of public administration subjects on the provision of public services in the sphere of social protection of population in court (administrative proceedings); control over activities of public administration subjects concerning provision of public services in the sphere of social protection of population.

  • Security of the participants in the criminal process: procedural and criminological aspects

    This article is devoted to the study of procedural and criminological aspects of ensuring the safety of participants in criminal proceedings. The problems of legal regulation of ensuring the safety of participants in these proceedings are also considered. The legal status of the subjects of relevant decisions is analyzed and the international and Ukrainian experience in regulating these issues is studied. The methods of dialectical, formal-logical, historical, structural-functional, institutional analysis, content analysis of laws and regulations and the method of evaluation of scientific positions were used. Among the relevant results of the research, the necessity of implementing security measures for participants of criminal proceedings in the Criminal Procedure Code of Ukraine in a separate section was demonstrated. Similarly, the expediency of creating in Ukraine a specialized independent structural unit for the implementation of measures to protect persons involved in criminal proceedings is discussed. In the main conclusions the need for the introduction in Ukraine of corresponding programs for the protection of participants in criminal proceedings is argued.

  • Legal tools of security of the financial sector of Ukraine

    The structure of crimes in the financial and economic sphere is analyzed by means of the dialectical method. Based on the analysis of the latest legislative and theoretical achievements, applied to the issues of legal regulation of the studied financial and legal relations, scientific approaches are substantiated and proposals for improvement of regulations in this area are developed. In particular, economic security is viewed through the prism of the state’s potential to ensure independent development, stability of civil society and its institutions, sufficient defense potential and its ability to protect national economic interests from internal and external threats. It is proposed to supplement Article 1 of the Law of Ukraine "On National Security of Ukraine" with the term "economic security" as a state of the national economy providing resilience to threats (exogenous and endogenous), ensuring a high level of competitiveness in the global economic space, to strengthen the comprehensive development. In the conclusions of the case, the convenience of implementing macroprudential tools as one of the dominant primary sources of information for risk assessment activities in the policies of the Directorate of Economic Security is supported.

  • Prospects of state regulation of venture entrepreneurship in Ukraine

    Using general and special scientific methods and generalized statistical data, the article reveals the essence of venture entrepreneurship, identifies the features and influence of venture investments on the innovative development of the Ukrainian economy in conditions of limited state resources. It has demonstrated the need to develop a strategy to improve the investment climate and expand venture investment in Ukraine, the main measures of which should include: improvement of the legislative framework; development of the innovation ecosystem in accordance with major global trends; formation of a favorable investment climate and tax regime for investors; development and implementation of new organizational and legal forms of venture investment; creation of conditions for the development of infrastructure units of the entrepreneurship ecosystem; formation of conditions for the development of innovative entrepreneurship in the real sector of the economy, as well as in the scientific and technical sphere, etc. It concludes with recommendations on the need to increase the volume of venture capital investments in high-tech projects with an emphasis on the defense industrial complex, IT sphere and construction, among others.

  • Innovative entrepreneurship policy in Ukraine and roadmap strategy

    Using an empirically based methodology, the scientific approaches to define the concepts of "innovation" and "innovation policy" are summarized. It is substantiated that the goal of implementing innovative entrepreneurship is the transition to an innovative model of development, which requires the implementation of the following priority tasks: integration of all stages of innovative entrepreneurship in the region; formation of competitive regional innovative products; increasing the level of quality of institutional infrastructure; improvement of information provision of innovative processes; stimulation of regional business entities to ensure innovative activity; creation of communications in the "science-production" system; ensuring quality training of specialists in the field of innovative entrepreneurship; development of knowledge-intensive industries; effective use of innovative potential and intellectual capital of the region. Modeling of the innovative entrepreneurship profile of the regions led to the conclusion that the main task, for each of the regions, is to develop measures to increase the level of formation of its innovative entrepreneurship space, which will have the effect of optimizing the economic results of the operation and increase its competitiveness in domestic and international markets.

  • Using the possibilities of criminal analysis during the pre-trial investigation in criminal proceedings

    The article identifies theoretical and applied problems of the use of criminal analysis in the investigation of criminal offenses. The main characteristics, components and types of criminal analysis are highlighted. The positive experience of the American model of criminal analysis is studied. The peculiarities of the use of criminal analysis in the territory of Ukraine are clarified, the prospects of legalization of its results are determined, as well as active implementation at the national level to enhance the fight against organized criminal activity. With the help of general philosophical and special scientific methods, the prospects of analytical support of criminal proceedings during pre-trial investigation are examined, proposals are made on active implementation and effective use of methods and results of criminal analysis in criminal procedural evidence. It is concluded that an effective way to analytically obtain information about the suspect’s contacts, his probable connections and other entities having an interest of operational and investigative units of Ukrainian law enforcement agencies is to use the method of telephone connections analysis during pre-trial investigation of criminal offences.

  • Features of legal regulation of social protection in Sweden

    The purpose of the research was to determine Sweden’s positive experience in the field of social protection. To achieve this goal, general and special scientific research methods were used, in particular the system functional method, the method of hermeneutics, dialectical and statistical methods. The authors assume that the Scandinavian model of social protection (Sweden, Norway, Finland) differs from other European countries by a more developed social security system. In Scandinavian countries the state model of social protection prevails. The concept of "social protection" in these countries has been transformed into the concept of "social welfare". This model includes a compulsory social policy, a state-regulated income level and the egalitarian and general nature of social benefits and assistance. It is concluded that the fundamental principle of the Swedish social model is its universality: it covers all segments of the population. For this reason, its study is particularly relevant. The article reveals the characteristics of social protection against unemployment in Sweden. Special attention is paid to the protection of children’s rights and aspects of family policy and gender equality.

  • Firearms as a means of committing criminal offenses

    The article analyzes the current legislation on weapons and the opinion of scientists on firearms, ammunition, explosives or explosive devices. The fundamental importance of firearms in the forensic characterization of crimes is emphasized. It is noted that firearms are goods subject to a special regime of regulation, which can be carried out only by the Law of Ukraine. It is a particular type of weapon intended for attack, defense or sound signals, which is set off by the energy of gunpowder combustion gas. The authors’ definition of firearms is given and the characteristic features of ammunition, explosives and explosive devices are highlighted. It is concluded that, for the purpose of legislative regulation of relations arising during the circulation of civilian firearms, as well as similar to weapons and ammunition products, in particular, to avoid free interpretation of the assessment of the actions of a person involved in crimes with the use of weapons, the development of a corresponding law comprehensively regulating this criminal methery is needed.

  • Trade agreements, digital development and international commercial arbitration

    The purpose of the article was to study the problems that arise during the settlement of disputes in the order of international commercial arbitration. The article used general scientific (dialectic, analysis and synthesis) and special legal (comparative legal, formal-logical, systemic, hermeneutic, axiological) methods. In the results of the research, it was established that the characteristic features of electronic development contracts in international trade are: electronic forms of conclusion of pre-contractual and contractual communication, making amendments and additions to the contract. Taking into account the features that accompany the chosen form of contracting prevails the need to refer to the provisions of the applicable legislation on tax and customs legislation and protection of personal data, etc. The conclusions state that the main problems in the resolution of disputes arising from e-commerce contracts, in international commercial arbitration, are the issues of requirements and validity of the arbitration clauses contained in such contracts, the importance of the agreements reached in the pre-contractual stage in the subsequent resolution of disputes between the parties and the problems of proof arising from the peculiarities of entering into relevant contracts.

  • State economic security as criminal law protection object

    The existence of any state is connected with socio-economic and political-legal processes in the world. During the period of global social transformations and major economic and political reforms, Russia finds itself in a socio-political situation of necessity to protect its interests, including economic ones. Therefore, the legislator solves the most important task of legal provision of economic security by criminal legal means. This text aims to examine the theoretical foundations of economic security, analyze the current state of the Russian economy with its level of functional security and identify ways to improve security and criminal law provisions. The methodology of this research is a set of methods, techniques and tools of cognition used in research, both theoretical, empirical and applied. The authors concluded that the main threat to the economic security of the country is economic crimes, the fight against which is impossible without criminal legislation. Therefore, the modernization of criminal policy should be carried out by improving legislation and introducing a well-thought-out system of law enforcement, which includes a similar valuation of all subjects of economic relations.

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