Видання зареєстровані авторами шляхом самоархівування
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Item Judicial protection service and its analogues: a comparative legal research(Universidad de la Amazonia, 2021) Рєзнік, Олег Миколайович; Резник, Олег Николаевич; Rieznik, Oleh Mykolaiovych; Уткіна, Марина Сергіївна; Уткина, Марина Сергеевна; Utkina, Maryna Serhiivna; Старинський, Микола Володимирович; Старинский, Николай Владимирович; Starynskyi, Mykola Volodymyrovych; Isaieva, N.; Kysil, L.The article's relevance is because the Judicial Protection Service is a relatively new institution, the creation of which was completed last year. However, analogs of such a service operate successfully in different countries (in particular, the United States, Canada). Effective maintenance of law and order during the court hearing is one of the main elements of the reform processes of the judicial system of Ukraine, which must directly meet European standards. Because of this, the issue of research of this institution in Ukraine and the possibility of implementing best practices in the functioning of its counterparts in foreign countries is relevant. The purpose of the study was to determine the characteristics of the judicial protection service and its analogs in different countries. The object of the study is the public relations that arise in the field of security and independence of the judiciary. The subject of the study is the principles of functioning of the judicial protection service and its analogs. The methodological basis of the study is a set of general and unique methods of cognition, in particular: dialectical, historical, descriptive, methodology of scientific analysis, and generalization—comparative law, structural-functional and analytical. Analyzing the experience of foreign countries in organizing the activities of similar institutions of the Judicial Protection Service, it was emphasized the high level of trust of judges in such judicial protection services and the close cooperation of the latter with law enforcement agencies. The authors of the article also emphasize that the formation and operation of institutions as the Judicial Protection Service directly depend on financial support, organizational issues, and personnel policy.Item Settlement of Administrative Disputes with the Participation of a Judge: Foreign Experience and Implementation in Ukraine(Allied Business Academies, 2021) Андрійченко, Надія Сергіївна; Андрейченко, Надежда Сергеевна; Andriichenko, Nadiia Serhiivna; Lytvyn, N.; Старинський, Микола Володимирович; Старинский, Николай Владимирович; Starynskyi, Mykola Volodymyrovych; Karpushova, E.; Kamenska, N.The authors investigated the issue of the peculiarities of the settlement of administrative disputes with the participation of a judge. The essence of the settlement of administrative disputes with the participation of a judge is revealed, in particular, through the features that allow distinguishing such a procedure among other ways of settling legal disputes. The peculiarities of legal regulation of the use of mediation, including judicial one, in foreign countries are established. It is established that among the countries in which this institute already functions today and has positive indicators, we can name France, Poland, and the USA. In Germany and Italy, on the other hand, the use of mediation in resolving legal disputes, including administrative disputes, is not seen as a court procedure but is the prerogative of the private service sector. The content of the current Ukrainian administrative procedural legislation, which regulates the settlement of administrative disputes with the participation of a judge, namely the grounds for such a court procedure, the procedure for its appointment, forms and procedures, is highlighted. According to the results of the research, the problematic aspects of the functioning of the institute of the settlement of administrative disputes with the participation of a judge in Ukraine are grouped according to the relevant criteria (legislative, organizational, informational), and possible ways to solve them are identified.Item State environmental security in national and globalization aspects(General Jonas Žemaitis Military Academy of Lithuania, 2020) Bezpalova, O.I.; Onopriienko, S.; Zavalna, Z.; Старинський, Микола Володимирович; Старинский, Николай Владимирович; Starynskyi, Mykola VolodymyrovychThe article is devoted to the study of the state environmental security in national and globalization aspects. It has been established that the environmental security of the state is a status of every person’s security, society, state and nature from excessive danger to the environment, i.e. the preservation and protection of vital activity, individual’s interests and his environment from negative anthropogenic and natural consequences, which is an important component of the state security. It is established that together with the concept of “environmental security” there is a concept of “environmental modernization” as overcoming of negative impacts on environment from the industrial society by transformation of the latter with help of the latest technologies. The existing threats to Ukraine’s environmental security, identified in the National Security Strategy of Ukraine in 2015 have been determined. The need for additional attention to the armed conflict in eastern Ukraine was emphasized as one of the threats to the states’s economic security, which is in line with the provisions of the United Nations Resolution “Environmental Protection in Areas Affected by Armed Conflict”. It is noted that the Ministry of Ecology and Natural Resources only formally fulfills the task of assessing the environmental status, unlike Finland and Sweden. The issue of public participation of Ukraine in environmental management is still debatable, as defined by the Law of Ukraine “On Environmental Protection”, it remains only formal, although, for example, the public is actively involved in the management of this field in China. Accordingly, it was proposed not only compliting tasks by the Ministry of Ecology and Natural Resources to develop a single list of indicators at EU level for assessing the environment status, but also to involve the public in full participation in environmental management.