Martial Law in Ukraine: Problems of Criminal Regulation and Law Enforcement

Miroshnychenko, Serhiy

doi:10.32782/chasopyskiivp/2022-1-6

Cited by 3 publications

(1 citation statement)

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“…A.M. Miroshnichenko [14] studies the land law as an independent branch of law, by characterizing it as a system of legal norms that regulate relations related to the use, protection and restoration of land as part of the earth's surface with the space above and below it, which is necessary for its intended use (including construction), including the soil cover located within this space. V.K.…”

Section: Resultsmentioning

confidence: 99%

Natural resource and resource-based relations: the hierarchy of industries and the relationship between subjects

Deineha,

Marinich

2021

Law. Human. Environment

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This article studies the place of natural resource law and the resource-based branches of law in the system of law; it was proposed a hierarchy of these branches and outlined the relationship between the subjects of natural resource and resource-based relations. The qualitatively homogeneous natural resource relations are defined as the subject of legal regulation of natural resource law, which develop regarding the use and restoration of natural resources – a legally defined part of the natural environment that has signs of natural origin and is in ecological relationship with the environment and with each other, which are used or can be used as a source satisfaction of human needs. All natural resources, as well as relations on their use and restoration are closely interconnected. This bond will always be inseparable and mutual. It has been established that in the system of natural resource law, the public relations regarding the use and restoration of individual natural resources are actually its sub-sectors and provide a differentiated approach to the environmentally sound use of each of the relevant natural resources. Natural resource law is not a conglomeration of land, water, forest, subsoil law, but it is their qualitative unity based on a single nature, development factors and the internal structure of social relations. It has been concluded that neither the long history of legislation development, nor a significant amount of normative legal acts (that are sources of resource-based industries) are grounds for denying the inseparable and mutual connection of resource-based branches of law with each other and with the natural resource law, and the objective need to single out an independent area of natural resource law.

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Section: Resultsmentioning

confidence: 99%

Natural resource and resource-based relations: the hierarchy of industries and the relationship between subjects

Deineha,

Marinich

2021

Law. Human. Environment

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Features of Support of Business Entities by State and Local Authorities Under Martial Law in Ukraine

ULIUTINA¹

2022

Law. Human. Environment

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The relevance of the chosen subject is due to the full-scale invasion of Ukraine by the Russian Federation on February 24, 2022, and the introduction of martial law, which has already been extended several times. In this regard, business entities require certain support measures to preserve the economic potential of the state. The purpose of the study is to review the capabilities of local self-government bodies to support small, medium, and large businesses under martial law in Ukraine. The research methods were: comparative, system-structural, and formal-legal. The results of the study determined that the state and local government bodies from the first days of the war took and continue to take organisational and legal measures to support all business entities in conducting their business on the territory of Ukraine under martial law. It was identified that the legislative and executive authorities have adopted a number of legal regulations and bylaws aimed at introducing tax benefits and compensations for the maintenance of internally displaced persons, developing mechanisms for the relocation of those business entities that do not have the physical ability to continue operating in the temporarily occupied territories or in the territories where active military operations were conducted or are being conducted. The substantial involvement of local self-government bodies (on the example of the Kyiv City Council) in the development of measures to support business entities that conduct their commercial activities in the relevant administrative-territorial unit is argued. Thus, the decisions of the Kyiv City Council introduced a number of benefits aimed at: exemption from the payment of rent of communal property by such entities, partial exemption from payment for parking, exemption from land tax and rent for land by those entities (with the list fixed by the decision of the Kyiv council) that use land plots to accommodate their premises, which are used for the needs of national resistance, protection, public order, food security. The materials of this study can be useful in the investigation of the disciplines of “Economic Law”, “Municipal Law”, “Administrative Law”.

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Problems of judicial control and prosecutor's supervision over the activities of bodies authorized to investigate economic criminal offenses under martial law

IVANYTSKYI

MOROZOV

IVANYTSKA³

et al. 2022

Econ. Fin. Law

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Introduction. In 2022, the Ukrainian legislator transformed the national model of judicial control and prosecutor's supervision over compliance laws in criminal proceedings and repeatedly made changes to its procedural mechanism. During the period of martial law, new problems of an organizational and procedural nature arose, in particular, in the field of ensuring compliance legality of the investigation of criminal offenses in the economic sphere. The foregoing predetermines the actuality of the study of these issues in the framework of this paper. The purpose of the paper is a scientific analysis of the problematic issues of judicial control and prosecutor's supervision over the activities of bodies authorized to investigate economic criminal offenses under martial law. Results. The paper drew attention to the fact that in the regions of Ukraine, where a special regime of pre-trial investigation is applied, control powers were significantly redistributed from the investigating judge to the head of the prosecutor's office. Prosecutorial supervision has become the main, dominant mechanism for ensuring compliance with the rule of law, which imposes increased responsibility on the subjects of its realization. In the work, special attention was paid to the study of controversial issues of ensuring compliance legality of temporary access to things and documents and arrest of property, which is due to the mechanism for committing and exposing economic criminal offenses. The latest prosecutorial and judicial practice, doctrinal works of scientists were studied, recommendations were formulated for optimizing control and supervisory activities in this area. Conclusion. In order to improve the mechanism of judicial control and prosecutorial supervision, the necessity of supplementing paragraph 20-7 of Section XI of the Transitional Provisions of the Code of Criminal Procedure of Ukraine after the word "head" with the word "body", as well as supplementing part three of Article 174 of the Code of Criminal Procedure of Ukraine with the second paragraph of the following content, was argued: “After issuance of an investigator's decision to terminate criminal proceedings, the arrest of property imposed in accordance with the requirements of this Code is canceled in the manner prescribed by part two of this article”.

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Martial Law in Ukraine: Problems of Criminal Regulation and Law Enforcement

Cited by 3 publications

References 0 publications

Natural resource and resource-based relations: the hierarchy of industries and the relationship between subjects

Natural resource and resource-based relations: the hierarchy of industries and the relationship between subjects

Features of Support of Business Entities by State and Local Authorities Under Martial Law in Ukraine

Problems of judicial control and prosecutor's supervision over the activities of bodies authorized to investigate economic criminal offenses under martial law

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