https://journals.uran.ua/sr_law/issue/feed ScienceRise: Juridical Science 2023-12-29T12:48:57+02:00 Yuliia Nikolaieva law@entc.com.ua Open Journal Systems <p><em>«ScienceRise: Juridical Science» – </em>scientific peer-reviewed journal, published 4 times a year, included «List of scientific professional editions of Ukraine» (Сertificated by order of Ministry of Education and Science of Ukraine No. 326 from 04.04.2018).</p><p>The aim of the journal «ScienceRise: Juridical Science» is to publish fundamental research on the current problems of the formation of the state and law-making, which in modern society are becoming more and more demanded by jurisprudence.</p><p>The journal publishes doctrinal articles and a comprehensive analysis of state legal reality. The scientific dialogue, which is provided on the pages of the journal, between scholars of different schools both in Ukraine and abroad will contribute to the scientific search, development of jurisprudential theory and the integration of Ukrainian science into the global jurisprudential space.</p> <a href="https://portal.issn.org/resource/ISSN/2523-4145">ISSN 2523-4153 </a> (print), <a href="https://portal.issn.org/resource/ISSN/2523-4153ISSN">ISSN 2523-4145 </a>(on-line) <br /><br />Drawing up the items of the publication ethics policy of the journal «ScienceRise: Juridical Science» Editors followed the recommendations of Committee on Publication Ethics <a href="http://publicationethics.org/">(COPE)</a>. https://journals.uran.ua/sr_law/article/view/294272 Features of the legal status of political parties as legal entities: comparative-legal characteristics 2023-12-22T21:28:31+02:00 Victoriia Piddubna vitafpdd8@gmail.com <p>In the article, the author examines political parties as subjects of civil relations. The characteristics of political parties as legal entities are analyzed: organizational unity, which is expressed in the fact that parties, as organizations, have a certain structure and a system of bodies; the sign of separate property of political parties has a certain specificity, with peculiarities in the ways of acquiring ownership rights over the property of political parties. Political parties, as legal entities, bear civil liability, and they can independently appear in court as defendants.</p> <p>The author also examines the doctrine and legislation of Western countries regarding the concept, creation, and activities of political parties in Germany, the United States, Great Britain, and Serbia. The concept of a political party in Western countries is considered, with a political party in Serbia, understood as a voluntary association of citizens, created with the aim of achieving political goals through the democratic formation of the political will of citizens and participation in elections. A political party in Serbia is granted the status of a legal entity from the date of its entry into the register of political parties.</p> <p>A distinctive feature of political parties in Germany is their ambiguous legal status. By their legal nature, they are private organizations, created in accordance with the norms of private law; however, they also possess a public character due to certain constitutional privileges, granted to them.</p> <p>The article explores the issue of the legal nature of political parties in Ukraine and the features that distinguish political parties from other public associations. The author examines the issue of the legal personality of political parties and points out that they possess two components - social and political.</p> <p>Furthermore, the article analyzes the criteria for categorizing legal entities as either private or public law entities in the law of Ukraine and in the law of France. In French law, such criteria include the following: the establishment of a legal entity originating from public or private initiative, the rules governing its creation, operation, and oversight by public authorities, the method of financing (public subsidies or mandatory payments), and the presence of public authorities</p> 2023-12-29T00:00:00+02:00 Copyright (c) 2023 Victoriia Piddubna https://journals.uran.ua/sr_law/article/view/293648 On the issue of codification of urban planning legislation 2023-12-19T18:15:38+02:00 Olga Kvasnitska kvasnitska@yahoo.com <p>The subject matter of the article is conditioned by the discourse on the necessity to codify the urban planning legislation, approve the Ukrainian Urban Planning Code, and align its provisions with the norms of related branches of the legislation.</p> <p><strong>The purpose</strong> <strong>of the study</strong> is to specify the subject matter of the Urban Development Code's regulation and the sectoral affiliation of urban development relations, to define the structure of the codified act, and to change the requirements of the Commercial Code of Ukraine.</p> <p><strong>The research methods</strong> are based on the concepts and theories that describe the current state of the problem of the current urban planning and economic legislation in Ukraine and summarize the content of scientific works to conduct a broad analysis of the codification of the urban planning legislation while taking into account the existing legal system in Ukraine.</p> <p><strong>Results</strong>. The codification of the urban planning legislation, it is argued, provides for: increased transparency and ease of use of the norm; equivalent integrated nature of spatial planning; achievement of consistency of spatial planning and development in decision-making and regulation; decentralization and limitation of discretionary powers; and optimization of governing bodies in the urban planning sphere. The structured act of the Code will solve the problems of inconsistency and uncertainty of the conceptual apparatus in the field of urban planning, inconsistency with the land, environmental, and monument protection legislation, problems of technological support of urban planning activities, procedures for spatial planning, and public control over the development and adoption of urban planning documentation, with the maximum reduction in the number of acts of the current legislation.</p> <p><strong>Conclusions</strong>. It is proposed that the subject matter of regulation of the Urban Development Code of Ukraine should include social relations arising, changing, and terminating in connection with urban development activities based on the principles of a comfortable living environment and life cycle management of construction objects</p> 2023-12-24T00:00:00+02:00 Copyright (c) 2023 Olga Kvasnitska https://journals.uran.ua/sr_law/article/view/283474 Organizational and legal provision for supervision and control over compliance with labor law in Ukraine: international standards and national practice 2023-06-30T10:00:28+03:00 Halyna Terela terela0107@gmail.com <p>The purpose of the article is to study the state and trends in the development of organizational and legal support for supervision and control of compliance with labor law in Ukraine through the prism of international standards. To achieve the goal there are defined the following tasks: to reveal the content and meaning of the concept for the integrated system of labor inspection; characterize the impact of international standards on the organizational and legal provision of supervision and control over compliance with labor law in Ukraine; determine the trends in the development of organizational and legal support for supervision and control in the field of labor. There were used general philosophical method of dialectics, systemic and structural-functional general scientific methods, hermeneutic, formal-legal and prognostic special-legal methods during the research. Their combination made it possible to investigate the content and purpose of the integrated approach to labor inspection, initiated and supported by the International Labor Organization. Such an approach covers occupational safety and hygiene, labor relations, working conditions, and provides for the formation of a complete system of labor inspection with the integration of its administrative, procedural and technical elements through simultaneous implementation of measures at the international, national (state), industry (sectoral) and production (local, operational) levels to increase the effectiveness of labor rights protection. The trends of the organizational and legal provision for supervision and control over compliance with the labor law in Ukraine were analyzed from the point of view of the analysis for the legal instruments of the mentioned levels. Firstly, functional integration/concentration of functions in a single state labor inspection service. Secondly, coordination and consolidation of the efforts of the State Labor Service, state bodies that have joint tasks with the labor inspectorate, local self-government bodies, and social partners. Thirdly, modernization of the national system of managing the safety of workers at work based on the principles of proactivity, prevention of industrial risks, and strengthening the role of the employer's internal control in ensuring proper, safe, and dignified working conditions. Fourthly, there is a tendency to expand the practice of combining surveillance (control) measures with preventive, informational, advisory, and analytical efforts</p> 2023-12-24T00:00:00+02:00 Copyright (c) 2023 Halyna Terela https://journals.uran.ua/sr_law/article/view/294285 Effective salary policy as a component of the development strategy 2023-12-22T22:15:57+02:00 Serhii Pyroha sergiipyroha@meta.ua <p>The inefficient distribution of income in society creates a number of problems, the main of which are the following: approved social standards are at least two times lower than the actual value of the minimum consumer basket, half of the Pension Fund's income is formed at the expense of subsidies, and half of the country's households need subsidies to pay for housing and communal services. As a result, there is no solvent demand for goods and services on the market, which slows down the socio-economic development of the state. The need for radical improvement of the principles of income distribution in society determines the relevance of the research topic. The task is to determine the legal means of effective distribution of income in order to accelerate the socio-economic development of the state. The drivers of economic growth based on wages and/or profits of enterprises are analyzed. However, none of the possibilities will be realized in the absence of a stable or at least predictable exchange rate of the hryvnia, a progressive income tax system and fair market prices. The socialist ideology of the connection of wages with labor productivity, which is equated with labor intensity, does not allow to implement the optimal distribution of incomes and restrains the socio-economic development of the state. Labor productivity is determined by the level of production equipment and technology, the progressiveness of technological processes, the use of innovative materials, the introduction of patents and know-how, etc., which provides for higher qualification of personnel and higher wages and determines the direction of using the received profits and attracting investments. The regulator of the use of profits is the tax system and progressive tax rates. Income distribution in society should be determined by acceptable social standards and ensured by the application of progressive personal income tax rates. Amendments to the Tax Code of Ukraine have been proposed, which will ensure the solution of the set tasks</p> 2023-12-29T00:00:00+02:00 Copyright (c) 2023 Serhii Pyroha https://journals.uran.ua/sr_law/article/view/295398 Comparative analysis of the functions of judicial and notary bodies 2023-12-29T11:18:34+02:00 Lina Kyianytsia notar90951@ukr.net <p>A comparative analysis of the functions of judicial bodies and notary bodies was carried out through a constructive analysis of norms of civil legislation, unexplored aspects of these functions were identified. Both general theoretical and special methods became the methodological basis of the research. The method of comparative analysis made it possible to determine the common and distinctive features of the functions of the court and the notary in civil legal relations. The dialectical method made it possible to find out which of the functions can be transferred from the competence of one body to another. It has been clarified what role both courts and notaries play in regulating civil legal relations. Forms of protection of civil rights and interests by both notary and judicial bodies were studied. It has been established that the implementation of an executive inscription on a debt document by a notary is not the only form of protection of civil rights and interests of individuals and legal entities by a notary. It has been determined that the role of the court in civil legal relations is not limited to the protection of the violated right or interest, in particular, when deciding the issue of limiting the civil capacity of a person or recognizing him/her as incapable, establishing guardianship and care by the court. It is proposed to introduce a new institution of civil law regarding the exercise by an individual of an order for guardianship or care in the event of his/her future incapacity or limitation in legal capacity, as well as to expand the limits of the exercise of civil rights by individuals and to grant such powers to the notary through the certification of a certain type of contract or order, in order to reduce the burden to the judicial system in cases where there is no legal dispute. It has been established that both judicial bodies and notary bodies have a common subject of regulation in civil legal relations, while it is noted that judicial bodies have an influence on the notary in the context of the possibility of invalidating transactions that were notarized</p> 2023-12-29T00:00:00+02:00 Copyright (c) 2023 Lina Kyianytsia https://journals.uran.ua/sr_law/article/view/293185 Ensuring the safety of citizens by rescuers/police officers in case of a chemical attack (accident at a chemical enterprise) in the conditions of marital law 2023-12-14T18:35:31+02:00 Taras Vaida vajda2015@ukr.net <p>The work deals with the urgent problem of ensuring the safety of life of the population in the conditions of martial law, introduced in Ukraine – providing premedical assistance to victims of a chemical attack (as a result of the action of dangerous factors of a man-made accident at a specialized chemical enterprise).</p> <p>The potential possibilities of means of defeating the units of the chemical forces of the aggressor state are analyzed, the cases of the use of chemical weapons by the occupiers in relation to both the units of the Armed Forces of Ukraine and the civilian population during the war in Ukraine, as well as the real situations of destroyed chemical plants in many regions of the country, are described and summarized.</p> <p>On the basis of the analysis of operational publications in the Internet and scientific works of a great number of scientists, the general algorithm of rescue actions during the evacuation of victims of a chemical attack/accident (workers/residents) was considered, modern approaches in the order of providing premedical aid both at chemical enterprises and at home conditions when people are injured by the most common chemical substances were clarified, recommendations concerning compliance by police officers with established rules of conduct at the scene of the incident are offered.</p> <p>The main signs that characterize the beginning of a chemical attack in the conditions of martial law and allow the population to identify it quickly are given: 1) chemical alarm signals; 2) features of air raids or enemy artillery fire; 3) simultaneous mass death of small animals, birds and insects.</p> <p>The peculiarities of the effect on the human body of such substances as chlorine, ammonia, hydrogen chloride (hydrochloric acid), nitrogen (nitrogen N), nitric acid, oxide (dioxin) of nitrogen, for each of which characteristic symptoms of damage for the victim are determined, the procedure for providing premedical aid to victims in case of damage by them, as well as under the influence of chemical weapons (sarin, phosgene) has been specified.</p> <p>Based on the analysis of special literature and the results of the conducted research, a generalization was made regarding the importance of training the population in effective (and therefore safe) actions in the event of a chemical attack by the military units of the aggressor state (a man-made accident at chemical enterprises), the need to observe the established rules of conduct and safety measures in the case of a missile/artillery attack by the occupiers, regardless of the region or territory of fighting actions in Ukraine</p> 2023-12-29T00:00:00+02:00 Copyright (c) 2023 Taras Vaida https://journals.uran.ua/sr_law/article/view/287470 Exploring perceptions of students on safety and security from selected south African historically disadvantaged institutions 2023-09-14T17:26:08+03:00 John Kgatla Lekganyane john.lekganayne@ul.ac.za Witness Maluleke witness.maluleke@ul.ac.za Jaco Barkhuizen jaco.barkhuizen@ul.ac.za <p>Students from distinct regions and even abroad flock to campuses of Higher Education Institutions (HEIs) to broaden their knowledge in diverse fields of study. These institutions offer a wide array of academic, social and sports-related programs. However, safety remains a major concern for students worldwide. The increasing number of cases of victimization on and around campuses, including at the Historically Disadvantaged Institutions (HDIs), has necessitated the serious consideration of students' safety. This study aims to explore students' perceptions of safety, as it focuses on Two (02) South African HDIs, specifically focusing at Universities of Limpopo (UL) and Venda (UNIVEN) of South Africa. This study adopted the qualitative approach, employing the case study design, with the aid of exploratory objectives. About Twenty (20) participants were selected using the non-probability: Purposive sampling to take part in semi-structured, face-to-face interviews. The collected data were analysed using the inductive Thematic Content Analysis (TCA) with inductive reasoning.</p> <p>The findings discovered that inadequate lighting in certain areas of the campus, insufficient Closed-Circuit Television (CCTV) in some student residences, the absence of police patrols around the campus, and the unavailability of emergency phones to contact security officials are factors that contribute to the feeling of insecurity in both on-campus and off-campus housing. The study also found that students are hesitant to travel alone at night, regardless of whether they are living on-campus or off-campus. Not surprisingly, the study found that students who reside off-campus are more afraid of sexual violence than those who reside in on-campus housing. With respect to recommendations, it is advised that it is necessary to install CCTVs in all leased off-campus accommodations as well as the on-campus residences to keep students secure. For students living off-campus, there should be enough transportation to help their movement to and from their respective homes. In addition, it is recommended that police patrols be visually evident on the campus as well as near off-campus accommodations where many students reside</p> 2023-12-25T00:00:00+02:00 Copyright (c) 2023 John Kgatla Lekanyane, Witness Maluleke, Jaco Barkhuizen https://journals.uran.ua/sr_law/article/view/290162 Examining the effectiveness of the existing safety and crime prevention mechanism in Mopani district municipality, South Africa 2023-10-31T10:04:05+02:00 Khethiwe Madima khethiwemawai@gmail.com <p>Crime prevention has been recognised as one of the key national priorities in South Africa since the establishment of the National Crime Prevention Strategy (NCPS) in 1996. It is viewed to be the responsibility and duty of the South African Police Service (SAPS); however, with a range of crimes, caused by different factors, it is impossible to rely exclusively on the police to prevent crime. Thus, various stakeholders, such as businesses, communities, Non-Government Organisations, civil society, law enforcement and Municipalities, need to take a stand in maintaining peace and ensuring safety for law-abiding citizens within their municipal boundaries. This article examines the effectiveness of the existing mechanisms in ensuring safety in Mopani District Municipality (MDM). The Constitution mandates municipalities to take a lead in crime prevention to increasing people's feelings of safety and building safer communities. Using a qualitative research approach, a purposive sampling was used to select four municipal officials. The face-to-face interviews were conducted in Letaba local municipality, Greater Tzaneen local municipality, Ba-Phalaborwa local municipality and Maruleng local municipality. Data was analysed through thematic analysis. The results revealed that most local municipalities are involved in crime prevention through the establishment of the Community Safety Forums (CSF) who participate in tourism safety, school safety, road, social crime prevention and health safety. The findings revealed lack of resources, funding (Budget), political instability, lack of knowledge, training and experience as some of the major challenges hindering the effectiveness of local government involvement in crime prevention. The study recommends the establishment of a safety section in a municipality, professionalization of the crime prevention space, exploring other avenue for funding and municipal accountability to address safety issues</p> 2023-12-29T00:00:00+02:00 Copyright (c) 2023 Khethiwe Madima