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Basko, Andriy
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Principles of law in the legal regulation of social relations in modern conditions: administrative, criminal and constitutional aspects Basko, Andriy; Hryshyna, Natalia; Obushenko, Nataliia; Fedorov, Ihor; Koteliukh, Mykola
Jurnal Cita Hukum Vol 12, No 2 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i2.41224

Abstract

The purpose of this paper is to conduct an independent study on the position of legal principles in the legal regulation of public relations in the context of digitalization. In writing this paper, the functional research method was used. The functional research method allows for a thorough clarification of the dynamic aspects of legal principles, their practical objectives, their position and role in the law and in other elements of the legal system of society in general, and their impact on social relations in the form of legal regulation and other forms of legal influence (informational, value-oriented, psychological, system-shaping, etc.). Although the role of legal principles in today's various legal systems is not the same, it is nevertheless concluded that legal principles are one of the sources of law practically everywhere, whether nominal or de facto. The importance of legal principles is that they serve as a framework, the basic structure of the legal system; that they are a guide in the process of development and formation of law; that they have a significant impact on the formation of people's legal consciousness; that they can be a direct basis for making individual legal decisions in a particular case; that they can provide a legislative blanks, reflected in the fact that legal principles can be used as a legal basis for considering legal issues, and that legal principles contribute to the correct interpretation of legal norms while they serve as a source of law.
Combating and Preventing Corruption in Local Government: Foreign Experience, Administrative, Legal and Criminal Aspects Shkuta, Oleh; Basko, Andriy; Pozigun, Inna; Pleshko, Eduard; Prodanets, Nataliia
Jurnal Cita Hukum Vol 13, No 1 (2025)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v13i1.45390

Abstract

This article is devoted to the negative impact of corruption on the efficiency of the state, the ability of the state to govern, and the deterioration of public life organisations during wartime in Ukraine. The prevention of corruption risks in local government organisations should be carried out by the authorities exclusively at the level of legislative acts. It must comply with the principles of the rule of law and relevant state security. This article presents a detailed analysis of Ukrainian legislation to prevent corruption risks in local self-government organisations (within the administrative and criminal law). It is concluded that strengthening liability for corruption under martial law in Ukraine is fully justified, as it aims to prevent the “reduction” of international aid in wartime, equating corruption with cooperation with the enemy and delivering preventive strikes. A scientific vision of the legislative approach to solving the problem of fighting corruption in Ukraine has been developed, considering the realistic goals of such activities and the war in Ukraine. The following aspects of the legislative approach to the fight against corruption are taken into account: anti-corruption mechanisms at the legislative level and in the activities of executive authorities; formation of an effective system of state bodies that implement the state policy in the field of combating corruption risks; bringing individuals to responsibility for corruption through imprisonment and other measures; intolerance of the population to corruption during the war, etc.  Attention is drawn to the need for states to comply with international standards, namely the recommendations of GRECO and the Istanbul Action Plan of the OECD Anti-Corruption Network.
Combating and Preventing Corruption in Local Government: Foreign Experience, Administrative, Legal and Criminal Aspects Shkuta, Oleh; Basko, Andriy; Pozigun, Inna; Pleshko, Eduard; Prodanets, Nataliia
Jurnal Cita Hukum Vol. 13 No. 1 (2025): Spring Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v13i1.45390

Abstract

This article is devoted to the negative impact of corruption on the efficiency of the state, the ability of the state to govern, and the deterioration of public life organisations during wartime in Ukraine. The prevention of corruption risks in local government organisations should be carried out by the authorities exclusively at the level of legislative acts. It must comply with the principles of the rule of law and relevant state security. This article presents a detailed analysis of Ukrainian legislation to prevent corruption risks in local self-government organisations (within the administrative and criminal law). It is concluded that strengthening liability for corruption under martial law in Ukraine is fully justified, as it aims to prevent the “reduction” of international aid in wartime, equating corruption with cooperation with the enemy and delivering preventive strikes. A scientific vision of the legislative approach to solving the problem of fighting corruption in Ukraine has been developed, considering the realistic goals of such activities and the war in Ukraine. The following aspects of the legislative approach to the fight against corruption are taken into account: anti-corruption mechanisms at the legislative level and in the activities of executive authorities; formation of an effective system of state bodies that implement the state policy in the field of combating corruption risks; bringing individuals to responsibility for corruption through imprisonment and other measures; intolerance of the population to corruption during the war, etc.  Attention is drawn to the need for states to comply with international standards, namely the recommendations of GRECO and the Istanbul Action Plan of the OECD Anti-Corruption Network.
Principles of law in the legal regulation of social relations in modern conditions: administrative, criminal and constitutional aspects Basko, Andriy; Hryshyna, Natalia; Obushenko, Nataliia; Fedorov, Ihor; Koteliukh, Mykola
Jurnal Cita Hukum Vol. 12 No. 2 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i2.41224

Abstract

The purpose of this paper is to conduct an independent study on the position of legal principles in the legal regulation of public relations in the context of digitalization. In writing this paper, the functional research method was used. The functional research method allows for a thorough clarification of the dynamic aspects of legal principles, their practical objectives, their position and role in the law and in other elements of the legal system of society in general, and their impact on social relations in the form of legal regulation and other forms of legal influence (informational, value-oriented, psychological, system-shaping, etc.). Although the role of legal principles in today's various legal systems is not the same, it is nevertheless concluded that legal principles are one of the sources of law practically everywhere, whether nominal or de facto. The importance of legal principles is that they serve as a framework, the basic structure of the legal system; that they are a guide in the process of development and formation of law; that they have a significant impact on the formation of people's legal consciousness; that they can be a direct basis for making individual legal decisions in a particular case; that they can provide a legislative blanks, reflected in the fact that legal principles can be used as a legal basis for considering legal issues, and that legal principles contribute to the correct interpretation of legal norms while they serve as a source of law.
Co-Authors Fedorov, Ihor Hryshyna, Natalia Koteliukh, Mykola Obushenko, Nataliia Pleshko, Eduard Pozigun, Inna Prodanets, Nataliia Shkuta, Oleh