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  • Open Access Icon
  • Research Article
  • 10.46398/cuestpol.4179.18
Acquisition of Agricultural Land by Domestic and Foreign Legal Entities: Legal Prospects for Ukraine and other Countries
  • Oct 23, 2023
  • Cuestiones Políticas
  • Antonina Bobkova + 3 more

The aim of the research was to assess the legal framework for the acquisition of agricultural land by domestic and foreign legal entities, using the rules and regulations on the agricultural land market in Ukraine as an example of a system with ill-founded restrictions in this area. To accomplish this task, the authors resort to a set of scientific methods, including comparative review, systematic review and standard techniques of text analysis. The main result of the research was that it is imperative for Ukraine, taking into account that European integration is a key and unalterable priority of its foreign policy, to grant a general permission for foreign natural and legal persons to acquire agricultural land, as well as to introduce flexible approaches to setting acquisition limits. It is concluded that, the attention of policy makers should also focus on the need to deploy legal and institutional mechanisms that can respond to the challenges and risks associated with a significant degree of freedom of movement of agricultural land. This could include establishing in contracts for the alienation of agricultural land the obligations of buyers in relation to its rational use.

  • Open Access Icon
  • Research Article
  • 10.46398/cuestpol.4179.48
Compliance with the principle of the rule of law in Ukraine when applying mediation
  • Oct 20, 2023
  • Cuestiones Políticas
  • Ihor Bylytsia + 4 more

The article is devoted to the study of mediation as one of the ways of implementing the concept of restorative justice. It is determined a change of view on justice and consideration of the possibilities of the mediation method in the resolution of legal conflicts. In order to achieve this objective, a philosophical and scientific methodology was implemented. It emphasizes the importance of mediation, which consists in the effective resolution of the legal conflict of the parties, determines the need to study the prospects of further improvement of the specified procedure in Ukraine, taking into account the leading world practices. On the basis of the analysis of the provisions of the current legislation, it has been shown the expediency of making appropriate changes in the Law of Ukraine «On Mediation». It is concluded that for the development of mediation as a form of protection of the rights and legitimate interests of a person, it is necessary to make certain changes in the wording of the Law of Ukraine «On Mediation», in particular, to define normatively the provisions concerning the conformity of the mediation procedure with the principle of the rule of law.

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  • Research Article
  • 10.46398/cuestpol.4179.45
Ensuring the safety of participants in the criminal process in the mechanism of prevention of criminal offenses against them
  • Oct 20, 2023
  • Cuestiones Políticas
  • Mykhailo Huzela + 4 more

The article is devoted to the scientific analysis of the implementation of security measures of participants of criminal proceedings in the mechanism of prevention of criminal offences against them. It was concluded that an important component of effective prevention of criminal offenses committed against participants of criminal proceedings is the creation of a system to ensure their safety by applying international legal norms of the interdisciplinary institute specified in the national criminal legislation. The specified task can be achieved in the case of: introduction of specific programs for the protection of participants in criminal proceedings (creating a simplified mechanism for choosing and applying short-term security measures and, a detailed mechanism for long-term measures; defining criteria for danger assessment by individualizing the needs of a person in the application of security measures, or a combination of more effective tools developing approaches to the duration of security measures based on the interests of justice and the existence of threats to the person); creation of a special unit to ensure the safety of participants in criminal proceedings, separate from the investigative bodies.

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  • Research Article
  • 10.46398/cuestpol.4179.03
Psychological Portrait of a Contemporary Political Leader
  • Oct 20, 2023
  • Cuestiones Políticas
  • Oleh Aharkov + 4 more

The aim of the research was to analyze the psychological portrait of a contemporary political leader, using the examples of U.S. Presidents J. Biden and D. Trump. All indications are that J. Biden is characterized by logic, moderation and a focus on cooperation with others. D. Trump is driven by emotions and is an impulsive leader. J. Biden is pedantic with details and motivates to cooperate. D. Trump actively used social networks, especially X, to communicate with the public. He is characterized by emotion-colored statements that echo and attract public attention. The following methods were used in the research: biographical source analysis, content analysis, comparative analysis of documents and policy decisions, meta-analysis and case studies. By way of conclusion the research revealed important differences in the personal characteristics and leadership style of J. Biden and D. Trump. J. Biden is shown as a leader capable of achieving consensus, willing to compromise and cooperate with different stakeholders. On the other hand, D. Trump is characterized by a more individualistic approach focused on strengthening and legitimizing his own position of power.

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  • Research Article
  • 10.46398/cuestpol.4179.38
Legal regulation of public control over the activities of Ukrainian law enforcement agencies: Experience of Ukraine and certain countries
  • Oct 20, 2023
  • Cuestiones Políticas
  • Yurii Holodnyk + 4 more

The purpose of the article was to determine the specific features of public control over the activities of certain law enforcement agencies and to develop suggestions for their improvement. The methodological basis of the research is general scientific (method of philosophical dialectics, etc.) and special legal methods of cognition (systemic, theoretical and legal, formal and dogmatic, comparative, state modeling method, etc.) The authors have developed their own definition of the concept of public control over the activities of law enforcement agencies. In the conclusions it has been offered to develop and approve the Law of Ukraine «On public control over the activities of law enforcement and supervisory bodies», which would systematize all forms of public control provided for in the Ukrainian legislation. Finally, suggestions have been developed for the introduction of positive international experiences of public control over the activities of law enforcement agencies in various countries.

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  • Research Article
  • 10.46398/cuestpol.4179.10
Prevention of domestic violence as one of the priority areas of preventive policing: Legal regulations and international experience
  • Oct 20, 2023
  • Cuestiones Políticas
  • Ivan Ishchenko + 4 more

The aim of the research was to study the norms of the current Ukrainian and international legislation, the positions of scientists, educational and reference literature, as well as statistical data, to determine the legal position of the National Police as a subject of prevention and countermeasures against families’ victims of violence. In its basic content the article discloses the legal position of the National Police as a subject of prevention and action against domestic violence, performing preventive, police and human rights protection functions. In this context, it was determined that the National Police, as a public authority, implements special measures to prevent and counteract domestic violence, applying, if necessary, administrative coercive measures against offenders. The methodological basis of the research was the comparative legal and systemic analysis, the formal legal method, the method of interpretation, the hermeneutic method, as well as the methods of analysis and synthesis. As a conclusion it is noted that an important aspect of improving the activities of the National Police in Ukraine is to build confidence in the affected families, who are afraid to report the facts of domestic violence for fear of condemnation from the society.

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  • Research Article
  • 10.46398/cuestpol.4179.40
Prospects for the implementation of the system of electronic criminal proceedings in Ukraine
  • Oct 20, 2023
  • Cuestiones Políticas
  • Viktoriia Zarubei + 4 more

Using the dialectical method, the article is devoted to the study of the impact of digitization on the implementation of pre-trial criminal proceedings and court proceedings in Ukraine. Based on the study of the positive international experience of electronic criminal proceedings, the good features of the introduction and further development of electronic criminal proceedings have been identified, such as: optimization of the investigation and trial procedure; improvement of supervision and control; saving budget funds; reducing the number of employees; elimination of red tape and corruption risks; automation of communication processes and others. In the conclusions, the authors argue that it is desirable to determine in the procedural legislation the possibility of introducing a special regime of court proceedings, in the form of videoconferencing and procedures for signing court judgments, etc., during the period of war or state of emergency.

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  • Research Article
  • 10.46398/cuestpol.4179.35
A Special Status Victim: Criminal Liability for Assaulting a Government Official in Ukraine and Other Countries
  • Oct 20, 2023
  • Cuestiones Políticas
  • Andrii Borovyk + 4 more

The paper discusses some emerging issues of criminal liability for assaults against public officials in various jurisdictions. Emphasis is placed both on the comparative approach to analyzing the relevant criminal statutes and on the specific legal framework for the protection of the life and health of law enforcement officers. Based on the provisions of statutory criminal law and the case law of several countries, it is shown that the life, health and property of law enforcement officers enjoy a higher level of protection. This is explained by the fact that such persons are direct representatives of the state, perform their duties in public, remain under public scrutiny and, therefore, may become an easier target for assault crimes. In the conclusions of the research, it has been argued that the determination of the legal grounds, scope and limits of protection of public officials by criminal law should be carried out at the national level (or state level in a federal jurisdiction), based on the orientations and principles of the domestic criminal law policy and program of a given nation.

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  • Research Article
  • 10.46398/cuestpol.4179.39
Administrative and legal status of public administration subjects regarding countering terrorism
  • Oct 20, 2023
  • Cuestiones Políticas
  • Roman Opatsky + 4 more

The aim of the research was to make known the administrative and legal status of the subjects of public administration in the field of counter-terrorism. It was found that a rather clear and logical structure of state bodies in the field of organization and coordination of the fight against terrorism has been created in Ukraine. The system of anti-terrorist entities is a set of specific, legally defined institutions that interact with the aim of preventing, detecting, stopping and minimizing the consequences of terrorist activities. The following methods were used in the research: analysis of biographical sources, synthesis, deduction, comparative analysis and meta-analysis, etc. In the conclusions it has been established that the President of Ukraine, the Verkhovna Rada and the Cabinet of Ministers are the key actors in the fight against terrorism in the system of higher authorities. The defining areas of action of the President of Ukraine in the sphere of counter-terrorism, are the activities aimed at regulatory and legal support of counter-terrorism in Ukraine, which implies: creation, liquidation, reorganization and management of relevant counter-terrorism entities.

  • Open Access Icon
  • Research Article
  • 10.46398/cuestpol.4179.19
Legislative perspectives of ensuring public control over the observance of the rights of convicts in Ukraine
  • Oct 20, 2023
  • Cuestiones Políticas
  • Pavlo Harasym + 4 more

The study conducted an analysis of the concept of public control over the observance of the rights of convicted persons in the field of enforcement of sentences and parole. On the basis of the use of general methods and reflective points of view, the definition of public control over the observance of the rights of convicted persons was formulated. In addition, the use of separate special scientific methods provides arguments for the expediency of making changes in the Criminal Executive Code of Ukraine, by enshrining in it a separate chapter that would regulate legal relations in the sphere of public control and on the sphere of observance of the rights and interests of convicted persons in places of punishment; as well as a separate article that would define the content, forms and types of public control over the functioning of bodies and institutions of execution of punishment and probation. It was concluded on the necessity of observance of the rights and legitimate interests of a person in the sphere of execution of punishment and probation, since, by their nature, they do not belong to public associations.