Перегляд за Автор "Мартинюк, О.В."

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    КРИМІНАЛЬНІ ПРАВОПОРУШЕННЯ У СФЕРІ ГОСПОДАРСЬКОЇ ДІЯЛЬНОСТІ (СТ. СТ. 147, 150) ЗА КРИМІНАЛЬНИМ КОДЕКСОМ 1960 Р.: ІСТОРИКО-ПРАВОВИЙ АНАЛІЗ
    (Ужгород: Ужгородський національний університет, 2022-11-27) Коваль, І.Ф.; Мартинюк, О.В.
    The article carries out a historical and legal analysis of the composition of crimes provided for in Art. 147 and 150 of the Special Part of the Criminal Code of 1960. It is noted that public relations in the sphere of economic and related activities are among the most widespread and significant. Therefore, in order to protect the normal functioning of economic and related activities, Chapter VII “Criminal offenses in the sphere of economic activity” is included in the Special Part of the Criminal Code of Ukraine. The authors draw attention to the changes related to the understanding of the content of criminal offenses in the field of economic activity during the last decades. It is emphasized that the changes made to Chapter VII of the Criminal Code of Ukraine in accordance with the Law of Ukraine dated June 19, 2020, led not only to the exclusion and significant updating of the wording of a number of previously existing articles (for example, Article 232-1 “Illegal use of insider information”), but also before the appearance of two completely new special prohibitions regarding the establishment of criminal liability for abuse in wholesale energy markets (Articles 222-2 and 232-3). Yes, Art. 222-2 was called “Manipulation on the energy market”, and Art. 232-2 – “Illegal use of insider information regarding wholesale energy products.” The authors concluded that the development of social relations and the radical changes that took place in Ukraine at the end of the 80s and the beginning of the 90s of the last century were also reflected in the understanding of the essence of criminal offenses in the field of economic activity. Article 147 of the Criminal Code of the Ukrainian SSR of 1960 was eventually transformed into Article 227 of the Criminal Code of Ukraine (“Deliberate introduction into circulation on the market of Ukraine (release on the market of Ukraine) of dangerous products) with a significant softening of the sanction of the article (punishment) from deprivation of liberty for a certain the term of monetary recovery (fine). Article 150 of the Criminal Code of the Ukrainian SSR (“Employment of private entrepreneurial activity”) has lost its relevance and was decriminalized according to the Law of Ukraine dated July 7, 1992
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    НОРМИ МІЖНАРОДНОГО ПРАВА У ПРАВОВІЙ СИСТЕМІ КИЇВСЬКОЇ РУСІ
    (Запоріжжя: ЗНУ, 2021) Мартинюк, О.В.
    The article analyzes the process of formation of norms and institutions of international law in the legal system of Kievan Rus. The new state faced the task of international legal recognition, expanding geopolitical influence, establishing diplomatic relations with other states, strengthening trade cooperation. During the IX-XII centuries international relations were carried out on the basis of the norms of contemporary international law, and the Kyivan prince became subject of international law as their international obligations became the obligations of the state as a whole. Particular attention is paid to the Treaties of Kievan Rus with Byzantium from 860, 907, 911, 944 and 971. During the formation and development of Kievan Rus as a powerful state the international treaty gradually became the main source of international law. Analysis of Rus’s contractual relations with Byzantium gives grounds to assert that in the field of international law the principles and norms of the law of international treaties, international trade and maritime law as well as the law of war and diplomatic (ambassadorial) law are beginning to take shape. The fundamental principle in the law of international treaties is the principle of compliance with the terms of the treaty (pacta sunt servanda). Among the principles of international trade law is the principle of mutual interest and respect, which was largely reflected in the then international treaties and became the basis for the formation of the principle of reciprocity. In the field of international maritime law there was a process of formation of the principle of the high seas including the provisions of coastal law. In the international legal culture of that time, the principle of just war with a justified purpose prevailed the meaning of which is revealed through the rules that war must be declared and conducted in accordance with the laws and customs of war.
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    ПРАВОВА ПРИРОДА ЧЕТВЕРТОГО ПОКОЛІННЯ ПРАВ ЛЮДИНИ
    (Запоріжжя: ЗНУ, 2022) Мартинюк, О.В.; Шеремет, Я.С.
    The article examines the legal nature and essential content of the fourth generation of human rights, which include rights in the field of medicine, information technologies, and social rights formed by the development of these industries. The need and importance of expanding the traditional three generations of rights is indicated. Scientific publications on the rights of the fourth generation, various approaches to defining the range of rights, legality and expediency of their implementation at the international and national levels were analyzed. Formed own vision of the list of rights covered by the fourth generation of human rights. The latest biological or somatic, social and informational rights, which are currently developing and require legislative consolidation, are considered. Examples of foreign experience in implementing new rights are given. The article focuses on human biological rights (including the human right to death, euthanasia, transplantation, cloning, sex reassignment, human reproductive rights); social rights (the right to same-sex marriage, a child-free family, a life free from state interference) and a group of information rights – free access to the Internet, free expression of opinions on the Internet, the right to cyber security. The integral principles on which the rights of the fourth generation are based are defined, namely: the autonomy of a person, its body, independence and alternativeness of a person in the choice of lawful behavior; recognition of a person's right to individuality; a life independent of state intervention; establishment of human sovereignty over the state; recognition of a person's high status. An important category of "freedom" of a person in determining his individuality, freedom of disposal of his body, freedom of decision-making in life based on his own moral and religious beliefs has been established. Discussed issues within the framework of the study of individual rights of the fourth generation, such as the right to reproductive and therapeutic cloning, discrimination against sex change, same-sex marriage in different countries of the world, consent to posthumous donation, organ trade, the right to access to virtual reality and cyber security as a component of national safety.
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    РОЛЬ МІЖНАРОДНОГО ПРАВА У ПІДТРИМЦІ ЗАГАЛЬНОГО МИРУ ТА БЕЗПЕКИ
    (Запоріжжя: Запорізький національний університет, 2022) Мартинюк, О.В.; Гаврилюк, С.В.
    International law primarily defines the ideas of general peace, strengthening of world order, equal cooperation of states, sustainable development of civilization. But in the modern world, humanity is faced with global problems of survival - problems of primary importance. Among them, the protection of human rights and freedoms, ecosystems, culture and civilization, ensuring the stable development of the peoples of the world, and overcoming the ideas of imperial rule in some politicians and political groups are at the fore. For this purpose, states conclude international treaties, create international organizations or expand the powers of already existing ones, which contribute to solving problems, including with the aim of preventing the occurrence of armed conflicts, as well as reducing the negative consequences in the event of the latter. It is also analyzed that international law aims to limit the state’s right to wage war and transform the coordination of actions of sovereign states into systems of cooperation and the achievement of common benefit. Cooperation between states consists not only in achieving international peace and security, but also in promoting the implementation of social and political ideas, which is expressed in the spread of international world and regional organizations. The legal status of an individual in international law during armed conflicts is significantly increased, which is manifested in the creation of an international legal mechanism for the protection of human rights. In addition, the mechanism of implementation of the norms of international law has been improved both at the international and at the national level, there are obligations that all states have the right to participate in ensuring compliance with. The principle of democracy is approved in international law, according to which only a state that meets generally accepted standards of democracy can be a full member of the international community. As a result of the analysis, conclusions were drawn about the importance of the existence of international law, its influence on interstate relations in the state of armed conflict, and the significant importance of international organizations in the settlement of armed conflicts.
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    ІСТОРИЧНІ ПЕРЕДУМОВИ ВСТАНОВЛЕННЯ КРИМІНАЛЬНОЇ ВІДПОВІДАЛЬНОСТІ ЗА ЗЛОВЖИВАННЯ НА ОПТОВИХ ЕНЕРГЕТИЧНИХ РИНКАХ
    (Запоріжжя: Запорізький національний університет, 2022) Мартинюк, О.В.
    The article defines the historical prerequisites for the appearance of Art. 222-2 and 232-2 in the Special Part of the Criminal Code of Ukraine in the context of establishing criminal liability for abuse on wholesale energy markets and three main periods are distinguished. The first period (from 1990 to 2001) was marked by the initiation of the process of active reform of criminal legislation, which aimed to bring its provisions into line with new economic realities and led to the decriminalization of a number of articles of Chapter VI of the Criminal Code of Ukraine of 1960. The author established that the second period (2001-2014) began with the adoption of the current Criminal Code of Ukraine and is characterized by the "balance" of the criminal law protection of economic activity: the criminal legislation "got rid" of anachronisms that existed during the Soviet era, and with on the other hand, a number of prohibitions appeared in it, according to which liability was assumed for new forms of crime "characteristic" of a multi-system market economy. At this time, a certain strategy for the development of legislation on economic criminal offenses is being formed, the purpose of which is to reduce the level of criminalization of offenses in the field of economic activity. The author proved that the third period began in 2014, when the Association Agreement between Ukraine and the European Union was concluded, which resulted in the adoption of the Laws of Ukraine "On the Natural Gas Market" dated April 9, 2015, "On the Electric Energy Market" from April 13, 2017, as well as the adoption of the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding Simplification of Investment Attraction and Introduction of New Financial Instruments" dated June 19, 2020. Because of the entry into force of the above-mentioned normative legal act, Chapter VII appeared in the system of the Criminal Code of Ukraine of two new special prohibitions on the establishment of criminal liability for abuse in wholesale energy markets (Articles 222-2 and 232-3).