Володимир Канцір Навчально-науковий інститут права та психології Національного університету "Львівська політехніка", доктор юридичних наук, професор кафедри кримінального права і процесу kancir_01@mail. ru Ірина Серкевич Львівський державний університет внутрішніх справ, кандидат юридичних наук, доцент кафедри кримінально-правових дисциплін СУЧАСНЕ РОЗУМІННЯ ПОНЯТТЯ ТЕРОРИЗМУ
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.
The article analyzes certain provisions of current legislation and judicial practice in order to clarify the content of the definition contained in Part 3 of Article 60 of the Criminal Procedure Code of Ukraine "the state of pre-trial investigation." This goal is conditioned by the norm of the Criminal Procedure Code of Ukraine which states that an applicant who is a whistleblower (in addition to the possibility: to receive a document confirming acceptance and registration of his application from the body to which he applied; to obtain an extract from the Unified Register of pre-trial investigations; to add items and documents in confirmation of his application; to receive information on the completion of the pre-trial investigation) has the right to receive information on the state of pre-trial investigation initiated by his application in the manner prescribed by the Law of Ukraine 1700-VII "On Prevention of Corruption" of October 14, 2014; as well as due to the lack of official interpretation of this provision, scientific research and ambiguity of case law. An analysis of the Regulations on the Unified Register of Pre-Trial Investigations proved that the content of the term of "state of pre-trial investigation" should not be equated with information outlining the state of continuation or completion of this investigation, because the legislator granted the whistleblower compared to the applicant a privileged position to obtain information about the pre-trial investigation (Part 3 of Article 60 of the CPC of Ukraine, paragraph 13 of Part 2 of Article 53-3 of the Law of Ukraine № 1700-VII of 14 October 2014), we reasonably conclude that this information is not covered by the data contained in the extract from the Unified Register of Pre-trial Investigations. Key words: applicant, whistleblower, criminal proceeding, state of pre-trial investigation, extract from the Unified Register of pre-trial investigations.
Abstract. The article is devoted to analysis of the effectiveness of the main procedural legal and financial (banking) mechanisms designed to ensure the protection of property rights’ immunity. The legally regulated procedures of such protection are analyzed on platforms — both procedural and legal as well as financial and economic. There is no doubt that only in a state where the immunity of property is declared and guaranteed to the person can be provided the development of economic, intellectual, socially oriented activities. The effect of the principle of immunity of property rights is not absolute, but its restrictions are possible only on the grounds and in the manner prescribed by law. The topicality of the inviolability of property rights is due to the role of law as a platform for citizens’ property independence and their participation in the processes of social reproduction. The guarantee of property independence is the right of ownership of property and non-property rights, which is realized by giving a person the right to freely, unimpededly, and fully exercise the rights of the owner of personal property. The compliance of the inviolability of property rights during criminal proceedings is not properly ensured in the current CPC (The Criminal Procedure Code) of Ukraine; in particular, the movement of confiscated property is not regulated, which questions the novelty of inviolability. To improve the procedure for the protection of property rights, this is necessary to regulate at the legislative level the mechanism of protection and restoration of property rights of persons victimized by criminal offenses. The etymology of «inviolability» guarantees by law the protection of the status of the person from any encroachment. Inviolability in the economic and legal context is mainly understood as a person’s legal status, which is an unalterable guarantee against unauthorized restrictions by the state institutions — law enforcement, financial, court, and individuals and legal entities. An attempt is made to accumulate most of the latest achievements (both legislative, theoretically investigative and applied) on the issues of legal regulation of the studied financial and legal relations, based on which scientific views are substantiated, and proposals are developed to improve regulations in this area. The main vectors of economic and legal mechanisms for the protection of the inviolability of property rights, which would correlate with generally accepted European and world standards, have been identified. Keywords: the inviolability of property rights, property rights, principles of proceedings, judicial protection, seizure of property, financial guarantee, financial risks. JEL Classification G28; К14 Formulas: 0; fig.: 0; tabl.: 0; bibl.: 12.
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