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Constitutional, Administrative and Criminal Law Regulation of Protecting Rights of Internally Displaced Persons: Foreign Experience and Directions for Improvement Balynska, Olha; Korniienko, Maksym; Martseliak, Oleh; Halunko, Vira; Mahnovskyi, Ihor
Khazanah Hukum Vol 6, No 1 (2024): Khazanah Hukum Vol 6, No 1 April (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i1.33775

Abstract

The purpose of the article consists in revealing the constitutional, administrative and criminal law foundations of protecting rights of internally displaced persons, problems of implementing foreign experience and identification of directions for improvement. It is substantiated that the system of individual protection standards is a kind of international mechanism for ensuring first of all the status of rights and freedoms of internally displaced persons, the corresponding guarantees regulated by the norms of universal, regional and special treaties, implemented by authorized subjects of public administration in various spheres of society. Attention is focused on compliance with the Guidelines of 1998, which are the basis of the legal acts of the European Union, the Council of Europe and other democratic countries. However, the existing standards of individual protection are not uniform, and there is no corresponding institutional mechanism. Universal, supranational, regional, mandatory, recommendatory, permanent and temporary standards are singled out. The authors conclude that the Ukrainian authorities are entrusted with important tasks, functions and powers to guarantee the rights and freedoms of internally displaced persons, as well as tasks concerning implementation and protection of such rights and freedoms, restoration of violated rights and implementation of existing international standards and best foreign practices. Therefore, it is natural to improve Ukrainian legislation and ensure effective and accessible procedures. Proposed are ways to solve existing problems in the sphere of social protection, electoral law, housing and land rights, and provision of legal aid.
Peculiarities of Investigating Criminal Offenses Related to Illegal Turnover of Narcotic Drugs, Psychotropic Substances, Their Analogues or Precursors: Criminal Law Aspect Korniienko, Maksym; Desyatnik, Anatolii; Didkivska, Galina; Leheza, Yevhen; Titarenkо, Oleksiy
Khazanah Hukum Vol 5, No 3 (2023): Khazanah Hukum Vol 5, No 3 December (2023)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v5i3.31742

Abstract

The article highlights the legal regulation of peculiarities concerning investigation of criminal offenses related to the illegal turnover of narcotic drugs, psychotropic substances, their analogues or precursors.. Main content. It has been established that effectiveness of pre-trial investigation in criminal proceedings on the facts of illegal sale of substances excluded from free circulation using the Internet and other telecommunication technologies is complicated by the need to identify the user under a nickname. Methodology:  The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, interpretation method, hermeneutic method as well as methods of analysis and synthesis. Conclusions. It has been established that  in today’s conditions, against the background of the global IT development of society and the active introduction of the latest technologies in all spheres of human life, the forms of sale of narcotic drugs, psychotropic substances, their analogues or precursors are also changing. While using the assets of modern technologies criminals constantly improve their criminal activities, change directions of interaction with the aim of committing offenses. In Ukraine, as well as in the world in general, drug crimes are actively carried out through smartphones via the “Internet” network using messengers and special applications for the distribution of psychoactive substances, narcotic drugs and their analogues.
Legal Regulation of Land Protection as one of the Directions for Preventing Corruption Mozghovyi, Oleksandr; Kolomoitsev, Vitalii; Korniienko, Maksym; Liutikov, Pavlo; Marchenko, Olesia
Jurnal Cita Hukum Vol 12, No 3 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i3.43509

Abstract

The study aims to analyse global trends in land use and conservation in the activities of state administrations as one of the directions for preventing corruption. Main content the study analysed global trends in state management in land use and conservation as one of the directions for preventing corruption. The results show that the use of land resource potentials in the world's countries is carried out by considering the environmental safety requirements stipulated in the land region's strategic documents. Considering Ukraine's European integration intentions, a tool for rural area development based on the ecosystem approach is proposed. Methodology The materials and methods of the study are based on the analysis of documentary sources. The basis is a dialectical method of recognising the phenomena of social reality, and based on this dialectical method, mainly formal and comparative legal approaches are used. Conclusion The experience of the EU and countries around the world shows that the priority of national administrations (land administrations) in land use and conservation is the ecosystem approach to the conservation and regeneration of land and other natural resources, which can be achieved through the maintenance of common agricultural policies, the creation of funds to support farmers, the provision of technical assistance, national and targeted programs for development and long-term development planning. The general trend in European Union countries is to develop land sector development strategy documents that look 5-10 years ahead.
Mengevaluasi Kembali Pandangan dalam Pemberantasan Tindak Pidana Korupsi di Masa Darurat Militer Prysyazhnyuk, Olexandr; Shovkun, Yuriy; Korniienko, Maksym; Pashchenko, Yevhen; Nguindip, Nana Charles
Syariah: Jurnal Hukum dan Pemikiran Vol 24 No 2 (2024)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v24i2.14876

Abstract

This research addresses the fight against corruption under martial law in Ukraine, a relevant phenomenon as corruption poses a significant threat to national stability and democracy. The purpose of this study is to evaluate the effectiveness of anti-corruption legislation and infrastructure in the context of martial law. Using an analytical and dogmatic approach, the research combines legal analysis, secondary data, and semi-structured interviews with legal experts and civil society representatives, and the implementation of anti-corruption policies. The results show that while adequate anti-corruption laws and strategies exist, their implementation is hampered by weak inter-agency coordination, non-transparency, and lack of independent oversight. The implications of this study emphasize the importance of updating anti-corruption strategies and strengthening collaboration between state institutions and civil society to comprehensively address corruption. This study recommends updating anti-corruption strategies through the application of technology such as OSINT (Open Source Intelligence), stricter law enforcement, and strengthening collaboration between state institutions and civil society. Public education to build an anti-corruption culture is also identified as a strategic step.
Legal Regulation of Land Protection as one of the Directions for Preventing Corruption Mozghovyi, Oleksandr; Kolomoitsev, Vitalii; Korniienko, Maksym; Liutikov, Pavlo; Marchenko, Olesia
Jurnal Cita Hukum Vol. 12 No. 3 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i3.43509

Abstract

The study aims to analyse global trends in land use and conservation in the activities of state administrations as one of the directions for preventing corruption. Main content the study analysed global trends in state management in land use and conservation as one of the directions for preventing corruption. The results show that the use of land resource potentials in the world's countries is carried out by considering the environmental safety requirements stipulated in the land region's strategic documents. Considering Ukraine's European integration intentions, a tool for rural area development based on the ecosystem approach is proposed. Methodology The materials and methods of the study are based on the analysis of documentary sources. The basis is a dialectical method of recognising the phenomena of social reality, and based on this dialectical method, mainly formal and comparative legal approaches are used. Conclusion The experience of the EU and countries around the world shows that the priority of national administrations (land administrations) in land use and conservation is the ecosystem approach to the conservation and regeneration of land and other natural resources, which can be achieved through the maintenance of common agricultural policies, the creation of funds to support farmers, the provision of technical assistance, national and targeted programs for development and long-term development planning. The general trend in European Union countries is to develop land sector development strategy documents that look 5-10 years ahead.
Peculiarities of Investigating Criminal Offenses Related to Illegal Turnover of Narcotic Drugs, Psychotropic Substances, Their Analogues or Precursors: Criminal Law Aspect Korniienko, Maksym; Desyatnik, Anatolii; Didkivska, Galina; Leheza, Yevhen; Titarenkо, Oleksiy
Khazanah Hukum Vol. 5 No. 3 (2023): Khazanah Hukum Vol 5, No 3 December (2023)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v5i3.31742

Abstract

The article highlights the legal regulation of peculiarities concerning investigation of criminal offenses related to the illegal turnover of narcotic drugs, psychotropic substances, their analogues or precursors.. Main content. It has been established that effectiveness of pre-trial investigation in criminal proceedings on the facts of illegal sale of substances excluded from free circulation using the Internet and other telecommunication technologies is complicated by the need to identify the user under a nickname. Methodology:  The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, interpretation method, hermeneutic method as well as methods of analysis and synthesis. Conclusions. It has been established that  in today’s conditions, against the background of the global IT development of society and the active introduction of the latest technologies in all spheres of human life, the forms of sale of narcotic drugs, psychotropic substances, their analogues or precursors are also changing. While using the assets of modern technologies criminals constantly improve their criminal activities, change directions of interaction with the aim of committing offenses. In Ukraine, as well as in the world in general, drug crimes are actively carried out through smartphones via the “Internet” network using messengers and special applications for the distribution of psychoactive substances, narcotic drugs and their analogues.
Constitutional, Administrative and Criminal Law Regulation of Protecting Rights of Internally Displaced Persons: Foreign Experience and Directions for Improvement Balynska, Olha; Korniienko, Maksym; Martseliak, Oleh; Halunko, Vira; Mahnovskyi, Ihor
Khazanah Hukum Vol. 6 No. 1 (2024): Khazanah Hukum Vol 6, No 1 April (2024)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v6i1.33775

Abstract

The purpose of the article consists in revealing the constitutional, administrative and criminal law foundations of protecting rights of internally displaced persons, problems of implementing foreign experience and identification of directions for improvement. It is substantiated that the system of individual protection standards is a kind of international mechanism for ensuring first of all the status of rights and freedoms of internally displaced persons, the corresponding guarantees regulated by the norms of universal, regional and special treaties, implemented by authorized subjects of public administration in various spheres of society. Attention is focused on compliance with the Guidelines of 1998, which are the basis of the legal acts of the European Union, the Council of Europe and other democratic countries. However, the existing standards of individual protection are not uniform, and there is no corresponding institutional mechanism. Universal, supranational, regional, mandatory, recommendatory, permanent and temporary standards are singled out. The authors conclude that the Ukrainian authorities are entrusted with important tasks, functions and powers to guarantee the rights and freedoms of internally displaced persons, as well as tasks concerning implementation and protection of such rights and freedoms, restoration of violated rights and implementation of existing international standards and best foreign practices. Therefore, it is natural to improve Ukrainian legislation and ensure effective and accessible procedures. Proposed are ways to solve existing problems in the sphere of social protection, electoral law, housing and land rights, and provision of legal aid.