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Rubric: Jurisprudence

Conflicting issues of property rights
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Bibliographic description of the article for the citation:

. Conflicting issues of property rights//Science online: International Scientific e-zine - 2023. - №11. - https://nauka-online.com/en/publications/jurisprudence/2023/11/10-18/

Annotation: The article highlights conflicting issues of property rights, analyzes the laws on international private law and other regulatory acts, which establish the rule that property rights and other property rights to immovable things, which may be subject to the appropriate regime, are subject to state control. registration, the law of the country where this property is registered is applied, the demarcation of ownership rights, which conflict of laws rules are applied, it was investigated that in many countries special rules are applied, on the basis of which the issue of applying the relevant law to the emergence of the right of ownership due to the acquisitive statute of limitations is resolved, it was investigated what conflict of law rules are regulated the question of ownership.

Keywords: international private law property property right майно міжнародне приватне право право власності
Categories: Jurisprudence
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Supremeance and direct effect of constitutional norms as the basic properties of the Constitution
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Bibliographic description of the article for the citation:

. Supremeance and direct effect of constitutional norms as the basic properties of the Constitution//Science online: International Scientific e-zine - 2023. - №11. - https://nauka-online.com/en/publications/jurisprudence/2023/11/04-20/

Annotation: The article is devoted to such basic properties of the Constitution as the highest legal force and the direct effect of constitutional norms. The theoretical aspects of the principle of the supremacy of the Constitution in the system of domestic constitutionalism as one of the fundamental principles of building the state and society are analyzed. The general characteristics of the direct effect of the Constitution of Ukraine have been clarified.

Keywords: Basic Law Constitution of Ukraine constitutional norms direct effect of norms supremacy supreme legal force верховенство конституційні норми Конституція України найвища юридична сила Основний Закон пряма дія норм
Categories: Jurisprudence
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Measures to prevent abuse of procedural rights in civil judiciary
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Bibliographic description of the article for the citation:

and . Measures to prevent abuse of procedural rights in civil judiciary//Science online: International Scientific e-zine - 2023. - №10. - https://nauka-online.com/en/publications/jurisprudence/2023/10/09-16/

Annotation: The article analyzes the existing means of preventing the abuse of procedural rights in civil proceedings and makes suggestions for their effective implementation. Thus, the author, defining the concept of "abuse of procedural rights", points to a deficiency in the current legislation regarding the consolidation of this concept. Also, the opinions of various scientists on this matter are given. Analyzing judicial practice, the author proves that courts can determine various actions of process participants as an abuse of procedural rights, going beyond Article 44 of the Code of Criminal Procedure of Ukraine. It is indicated that in civil science there are quite skeptical attitudes towards the measures to prevent the abuse of procedural rights and their implementation established in the Civil Code, and this opinion is supported. Taking this into account, an opinion is expressed about the expediency of enshrining in the Civil Code of Ukraine a mechanism for bringing civil-legal responsibility specifically for non-compliance with the obligation to exercise one's civil procedural rights in good faith, determining which actions qualify as abuse and a clear mechanism for bringing this responsibility.

Keywords: abuse of rights coercive measures participants in the case prevention measures procedural abuse заходи запобігання заходи примусу зловживання правами процесуальні зловживання учасники справи
Categories: Jurisprudence
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Домашнє насильство в кримінальному праві України: окремі аспекти
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Bibliographic description of the article for the citation:

. Домашнє насильство в кримінальному праві України: окремі аспекти//Science online: International Scientific e-zine - 2023. - №10. - https://nauka-online.com/en/publications/jurisprudence/2023/10/06-16/

Annotation: The article examines the problem of family violence in Ukraine, its historical context and attempts to regulate it at the legislative level. It is pointed out that Ukraine signed the Istanbul Convention of the Council of Europe in 2011, which concerns the prevention of violence against women and domestic violence. But the problem of ratification of this convention in Ukraine has not yet been resolved. The main arguments against ratification are related to the concepts of "gender" and "sexual orientation" in the text of the convention. The national legislation of Ukraine on domestic violence is analyzed, as well as its compliance with the provisions of the Istanbul Convention. In particular, the article examines the concept of "family violence" as defined in the Law of Ukraine, as well as administrative responsibility for committing family violence. The authors emphasize the need for further harmonization of national legislation with international standards in order to effectively deal with this problem. The criminalization of domestic violence in 2017 and the problems that arise in the practice of applying the new legislation are also considered. The example of a specific case demonstrates the system's flaw, when the victim cannot receive adequate protection and justice. In particular, systematicity is considered as a key aspect in defining domestic violence within the framework of criminal legislation. The final part of the abstract focuses on the need for further harmonization of national legislation with international standards to effectively combat the problem of domestic violence.

Keywords: domestic violence perpetrator physical violence victim of domestic violence домашнє насильство жертва домашнього насильства кривдник особа фізичне насильство яка постраждала від домашнього насильства
Categories: Jurisprudence
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