Journal №1 (13) / 2016|KELM

WYKAZ ZAŁĄCZONYCH PLIKÓW

MITIGATING PUNISHMENT IN SENTENCING: COMPARATIVE ANALYSIS OF THE UKRAINIAN AND POLAND LEGISLATION

R. Babanly

Kierownik biura naukowo-ekspertnego Najwyższego Sądu Specjalistycznego Ukrainy w sprawach cywilnych i karnych (Kijów, Ukraina)
Anotation. The article examines the legal approaches to the procedures and grounds for consideration of the circumstances, mitigating punishment according to Criminal Code of Ukraine and Poland. The analysis revealed the pros and cons of the respective approaches and gave the basis to suggest ways of mutual harmonization of legislation of these states. The study gave reason to conclude that each of the codes has its advantages and disadvantages relative to another code and to identify common problematic aspects of each.
Keywords: sentencing, the circumstances mitigating punishment, circumstances that aggravate punishment, individualization of punishment, criminal code.

THE METHOD OF CRIMINALISTIC PREVENTION OF CRIMES COMMITTED BY WOMEN, WHO ARE SERVING THE PUNISHMENT OF DEPRIVATION OF LIBERTY FOR CERTAIN TERM IN UKRAINE

O. Batiuk, I. Mosejchuk

O. Batiuk doktor nauk prawnych, wykładowca Koledżu TBP Wschodnioeuropejskiego Narodowego Uniwersytetu im. Lesi Ukrainki (m. Łuck, Ukraina)
I. Mosejchuk studentka wydziału prawa Wschodnioeuropejskiego Narodowego Uniwersytetu im. Lesi Ukrainki (m. Łuck, Ukraina)
Anotation. In the scientific article the author makes a scientific study of the opinions of leading scientists in the field of criminology and penal law, the study of basic provisions of a technique of criminalistic prevention of crimes committed by women, who are serving the punishment of deprivation of liberty for certain term in Ukraine. On this basis, the author proposes an improvement of the current legislation of Ukraine in the field of your activity.
Keywords: forensic science, methods, punishment, convicted women imprisonment.

PROFESSIONAL READINESS OF THE FUTURE PEDAGOGUES TO CONDUCT PROGNOSTICATION ACTIVITY IN MODERN CHILDRENS RECREATIONAL INSTITUTIONS

I. Brysznewska

Starszy wykładowca
katedry pedagogiki
Wschodnieeuropejskiego Uniwersytetu Narodowego imiena Łesi Ukrainki (m. Łuck, Ukraina)
Anotation. In the modern educational institution the process of formation of the prognostication competence of the students is carried out in the context of special organization of the education and bringing up process as well as through mutually dependent combination if its components with structural components of the prognostication activity of the future nursery teachers: axiological, cognitive, technological and reflexive. The basis for the development of the content of preparation of the future nursery teacher for the prognostication activity, structure of the methodological, general theoretical, psychological and pedagogical and didactical and technological skills and knowledge are the requirements to the professional and peculiarities of the pedagogical activity. The author of the article analyzes modern requirements to the personality of the nursery teacher, studies the opportunities of the application of the prognostication activity in the structure of work with preschool; children, substantiates reasonability and prospects of its application in different kinds of activity. The author also investigates the essence of the pedagogical prognostication, its components, justifies reasonability and effectiveness of its application on different stages of the professional activity.
Keywords: expectation activity, nursery teacher, professionalism, methods, analysis, preschool children.

THE MAIN DIRECTIONS OF SOCIAL WORK WITH CHILDREN WITH DISABILITIES: CONTENT AND FORM

S. Cherneta, N. Pilyuk

S. Cherneta docent katedry pedagogiki socjalnej oraz pedagogiki szkoły wyższej Wschodnioeuropejskiego Narodowego Uniwersytetu im. Lesi Ukrainki doktor nauk pedagogicznych, docent (m. Łuck, Ukraina)
N. Pilyuk kandydat katedry pedagogiki socjalnej oraz pedagogiki szkoły wyższej Wschodnioeuropejski Narodowego Uniwersytetu im. Łesi Ukrainki (m. Łuck, Ukraina)
Anotation. In the scientific article analyzes the main directions of social work with children with disabilities: content and form analysis of prospects for the development of innovative methods in the work of a social worker with a certain category of children.
Keywords: social work, children with disabilities, directions, content, forms, innovative methods, and a social worker.

HISTORICAL ANALYSIS OF CRIMINAL LIABILITY BY USING MINOR CHILD FOR BEGGING

O. Derevjanko

doktorant
katedry prawa karnego
Narodowej Akademii Spraw Wewnętrznych (m. Kijów, Ukraina)
Anotation. The scientific article is devoted to historical analysis of criminal liability for the employment of a juvenile child for begging. Investigated the stages of legislation on liability for the employment of a juvenile child for begging. To be made the conclusion about the need for further improvement of the current Criminal Code of Ukraine. O. Derevjanko doktorant katedry prawa karnego Narodowej Akademii Spraw Wewnętrznych (m. Kijów, Ukraina) It was established that one of the priorities of the state in recent years has become a criminal-legal protection of children in the development of juvenile justice. Criminal legislation should also protect the child from criminal encroachments on its benefits guaranteed by law the violation of rights. This is not to ignore the historical experience domestic legislative activity in this area. Historical analysis of criminal liability for the use of a minor child for begging made it possible to detect obvious inconsistency in the rule-making, indicating the need for a constitutional responsibility of the government for solutions that reduce the credibility of public institutions and hinder the development of Ukraine as a legal state.
Keywords: The scientific article is devoted to historical analysis of criminal liability for the employment of a juvenile child for begging. Investigated the stages of legislation on liability for the employment of a juvenile child for begging. To be made the conclusion about the need for further improvement of the current Criminal Code of Ukraine. O. Derevjanko doktorant katedry prawa karnego Narodowej Akademii Spraw Wewnętrznych (m. Kijów, Ukraina) It was established that one of the priorities of the state in recent years has become a criminal-legal protection of children in the development of juvenile justice. Criminal legislation should also protect the child from criminal encroachments on its benefits guaranteed by law the violation of rights. This is not to ignore the historical experience domestic legislative activity in this area. Historical analysis of criminal liability for the use of a minor child for begging made it possible to detect obvious inconsistency in the rule-making, indicating the need for a constitutional responsibility of the government for solutions that reduce the credibility of public institutions and hinder the development of Ukraine as a legal state.

SYSTEM-GEOGRAPHICAL ASPEKTS OF TOURISM RESEARCH

I. Dudnyk

doktor habilitowany nauk geograficznych, profesor
katedry wiedzy o kraju i turystyki
Narodowego Uniwersytetu Lotnictwa (m. Kijów, Ukraina)
Anotation. The epistemological problems of geographical mapping of tourism are considered as complicated system formation. The generalized conceptual model of tourism territorial system is proposed as a partial manifestation of socio-geographical system. Common systems mechanisms, isomorphism and content-hierarchical relationship of geographic features are investigated; it is defined the location of services and tourism in the integrated facility of social geography; substantiate features of territorial system of travel services are substantiated.
Keywords: socio-geographicsystem, tourism, territorial system of travel services.

DEFINITION AND COMPARISON OF LEGISLATION TERM REAL PROPERTY IN UKRAINE AND FOREIGN COUNTRIES

O. Ilkiw

doktor nauk prawnych, docent
katedry cywilnoprawnych dyscyplin
Międzynarodowego ekonomicznohumanistycznego uniwersytetu imienia akademika Stepana Demyanchuka (m. Równe, Ukraina
Anotation. The article deals with the conceptual definition of immovable property. Emphasizes need to consider the matter because of the proper legal regulation of civil relations. Analyzes the provisions on the term "real property" contained in the legislation of Ukraine and some foreign countries. The basic differences and the specific aspects of determining impacts associated with the term " immovable property".
Keywords: real estate, immovable property, property relations, property rights, civil law.

DIDACTIC CONDITIONS OF THE FORMATION OF TOLERANCE IN JUNIOR PUPILS WITH SPECIAL NEEDS.

H. Kajdalova

Wschodnioeuropejski Narodowy Uniwersytet im. Lesi Ukrainki (m. Łuck, Ukraina)
Anotation. The article examines the question of peculiarities of upbringing of junior pupils by the principles of tolerance. We stressed on the importance and complexity of the planning and implementation of the upbringing component of the educational process, paid special attention to the terms “tolerance” and “didactic condition”. Also we outline a series of didactic conditions which will promote positive absorption of tolerant behavior of pupils in terms of inclusive education.
Keywords: junior pupils, a child with special needs, inclusive education, upbringing, tolerance, didactic condition.

CRIME PREVENTION ILLEGAL TRANSPORTATION OF PERSONS THROUGH FRONTIER OF UKRAINE

A. Klibanchuk

doktorant
katedry prawa i postępowania karnego wydziału prawa
Wschodnioeuropejskiego Narodowego Uniwersytetu im. Lesi Ukrainki (m. Łuck, Ukraina)
Anotation. In article on the basis of generalization of the views of leading scientists in the field of criminology the study understanding crime prevention, crime characterized by the features of the programs of fight against illegal migration, specially investigated and preventive measures and comprehensive targeted operations to combat illegal trafficking of persons across the state border of Ukraine. The author proposed to develop a special information programme on the improvement of forensic measures for combating illegal trafficking of persons across the state border of Ukraine.
Keywords: criminology, prevention, border measures, illegal crossing of migrants.

SOUND AND MEANING IN THE POETRY OF MIRON BIALOSZEWSKIEGO

A. Bochyńska

Uniwersytet Warszawski Kolegium Międzywydziałowych indywidualnych Studiów humanistycznych (m. Warszawa, Polska)
Anotation. The poetry of Miron Białoszewskiego characterized not only by the increase of original neologisms or a particular side of the visual lines, but the ubiquitous category of the sound recorded and the scent given off by different ways. So relacjonowanym appears in the experience of the subject, a lyrical, sympathetic to foniczną the fabric of reality, as in the description of the external world. Applying different strategies udźwiękowiania his poetry manipulates the meaning of ascension, thus putting his status in doubt. In their arguments Im trying to brighten up the problems of the relationship of sound and the values in the selected lines of the poet, focusing on two main issues. First, at the level of structural dependence of sound and value, and this primarily on trudnosti brzmieniowym depending on etymology and change of meaning or zwielokrotnieniu through the change in the sound of the word. Secondly, the problem of attributing words to reality. Here the most important issues are: differences between głoską and word – semantic media sound, unclear link to the right of onomatopoeia and other words dźwiękonaśladowczych, "to cover" value through the sound, brzmieniowej words, the hypothesis autoodniesienia and rozszyfrowywanie permission using symbols the concept of a primary or primary expression in the way of analysis of its structure. Analysis and interpretation of poetry Białoszewskiego osadzam in two contexts is so important for perspective – the philosophical (the concept of meaning), and historycznoliterackim. Two opposing concepts of the meaning of philosophy (referencjalne and operating) can be simply described in the form of the theory add the importance of outside language and seeking meaning in the use of words or relationships between expressions. To the needs of their reflection Im moving, first of all, in the first of these concepts, taking the head of language and reality, which includes the values of certain expressions. In the field of context historycznoliterackiego belong in part to the analysis of the concept of sound and meaning in the Polish avant-garde poetry of the twentieth century, treating these considerations as an important element in the interpretation of poetry Białoszewskiego, but niedeterminujący her.

FRENCH - THE LANGUAGE OF FREEDOM?

D.Czaderska

Uniwersytet Wrocławski Wydział Filologiczny, Instytut Filologii Romańskiej (m. Wrocław, Polska
Anotation. Topic essay is a reflection on the French language as a language of literary expression, the choice of authors for whom this is not the native language, as well as the causes and consequences of such decisions. The starting point is the argument about the often przytaczanego statements on the special fixture of the French language for literary creation. They open a wide perspective associated with the language of literature, in whole and its special properties, as well as bearing on the question of what role creativity can serve as a changing language (release with restrictions, setting new goals and boundaries, attempt to find an identity, and the desire for unrestricted expression). Further arguments relate to the writers who chose French as the language of your creativity. They focus in particular on the analysis of language two novels, awarded Goncourtów: Testament French Andreïa Makine " (the author of Russian origin) and the Stone of patience Atiqa Rahimiego (author of Afghan origin). The next stage is reflection on the reasons that prompted the above authors to give up their native language and select the language French. These numerous factors can be divided into pragmatic, psychological and cultural. The motives, however, both authors other that stems from a different approach to language and creative writing. The final phase of the works represent reflections on the freedom of a writer to abandon the native language and the French language.

ABOUT THE CONTENT OF GENERAL PREVENTION OF CORRUPTION IN THE STATE PENITENTIARY SERVICE UKRAINE

I. Kolb

doktor nauk prawnych, prokurator wydziału nadzoru nad przestrzeganiem prawa podczas wykonania wyroków sądowych w sprawach karnych, jak również podczas użycia innych środków przymusu związanych z ograniczeniem wolności obywateli
Prokuratury obwodu Kijowskiego (m. Kijów, Ukraina)
Anotation. In the article on the basis of the analysis of the content of general social prevention of corruption in Ukraine, the basic issues that need to develop scientific and improvement in regulatory levels, including taking into account international best practice.
Keywords: general social prevention; corruption; crime; The State Penal Service of Ukraine; subjects of crime prevention; international organizations.

ON SOME ELEMENTS CONTENT SPECIALLYCRIMINOLOGICAL PREVENT CORRUPTION IN UKRAINE

S. Kolb

kierownik wydziału prawnego
Państwowej Inspekcji Podatkowej Głównego Departamentu Państwowej Służby Fiskalnej w obwodzie Wołyńskim (m. Łuck, Ukraina)
Anotation. The article is based on the analysis of content speciallycriminological prevention of corruption in Ukraine, the basic issues that need to develop scientific and improvement in regulatory levels, including taking into account international best practice.
Keywords: special-criminological prevention; corruption; crime; subjects of crime prevention; international organizations.

POSSIBLE FUTURE REFORM STATE PENITENTIARY OF UKRAINE

O. Kolb, K. Avtukhov

O. Kolb doktor habilitowany nauk prawnych, profesor katedry kryminologii oraz prawa karnowykonawczego Narodowej Akademii Spraw Wewnętrznych (m. Kijów, Ukraina)
K. Avtukhov doktor nauk prawnych, starszy pracownik naukowy sektoru badań naukowych nad problematyką ustawodawstwa karnowykonawczego naukowo-badawczego instytutu studiów nad problematyką przestępczości im. akademika. Stashyna Narodowej Akademii Nauk Prawnych Ukrainy (m. Charkow, Ukraina)
Anotation. The article discusses some aspects of the reform of the State Penitentiary Service of Ukraine. Defined basic questions, the answers to which should be the guiding light in the conversion of the penal system.
Keywords: State Penal Service of Ukraine, probation, the Ministry of Justice of Ukraine.

CONCEPT OF CONNECTION BETWEEN ASSAULT ON THE PERSON AND THE PERFORMANCE BY THAT PERSON OR HIS CLOSE RELATIVES OF SERVICE OR PUBLIC OBLIGATION

M. Komarnytskyj

adiunkt
katedry prawa karnego
Narodowej Akademii Spraw Wewnętrznych (m. Kijów, Ukraina)
Anotation. The article analyzes and outlines the features of communication between the attack on the person and the performance by such a person or his / her close relative of service or public obligation, typical features of its establishment are described and changes and amendments to the Criminal Code of Ukraine are proposed. It was established that the use of the term «communication» the legislative model of crimes committed in connection with a person is service or public obligation refers to certain characteristics of objective and subjective aspects of these crimes. Attempt on the person or his / her close relative, in connection with that persons service or public obligation can be qualified as a characteristics of the offense or the first string of a number of criminal attacks. In any case, these norms indicate the connection with the performance of service or public obligation. The time of such crimes usually does not matter for the their qualification. Performing service or public obligation by the injured person or his / her close relative they can be committed and sometime after the relevant obligation. In some cases, the crime can be committed before the performance of the relevant service or public obligation by the person.
Keywords: communication, attempt, victim, service obligation, public obligation, obligation performance, close relatives.

GEOGRAPHICAL CONTEXT OF REGIONAL TOURISM MARKETING

K. Kyseliova, I. Dudnyk

K. Kyseliova wykładowca katedry wiedzy o kraju i turystyki Narodowego Uniwersytetu Lotnictwa (m. Kijów, Ukraina)
I. Dudnyk doktor habilitowany nauk geograficznych, profesor katedry wiedzy o kraju i turystyki Narodowego Uniwersytetu Lotnictwa (m. Kijów, Ukraina)
Anotation. Grounded directions of methodological provisions of social geography in the study of regional tourism markets (defining essence of the term "regional tourism market," the usage of specific geographic methods of studying the definition of geographical criteria and indicators for their evaluation, diagnosis and prediction) for creation of geographical concept of sustainable development
Keywords: Tourism, marketing, marketing of regions, regional market, tourist market, regional aspects.

DYNAMICS OF VIOLATIONS PUT CHILDREN DURING SCHOOLING

N. Razumejko

Wykładowca
pedagogiki i psychologii
Czernigówskiego Koledrzu Prawniczego Państwowej Służby Więziennej Ukrainy
Anotation. Research to study the state of posture (frontal plane) children enrolled in the CEI. In study 620 students participated in Chernihiv enrolled school-lyceum № 32. We analyzed the medical school maps and instrumental examination conducted these children qualified doctors. After instrumental examination in children was found expressed posture close to the group of patients with scoliosis I degree in 15.5% of cases. Scoliotic deformation degree I-II met in 7, 5% of cases. To determine the objective evaluation of the results considering the etiology and pathogenesis of scoliotic disease we analyzed the distribution of patients by sex and age. And it was found that spinal curvature is more common in girls aged 12 to 15 years, with right-sided distortion curve dominates both boys and girls. The results say that the posture and scoliosis I degree orthopedic pathology is dominant in schools. Therefore necessary to strengthen measures to prevent the progression of scoliotic deformation and its consequences.
Keywords: scoliosis, scoliotic deformity, children, school, torsion, correction.

THE HISTORY OF THE CONTRACTUAL RELATIONS IN THE SPHERE OF MANAGEMENT NATURE

Z. Samchuk- Kolodiazhna

doktor nauk prawnych, docent
katedry nauk cywilno-prawnych
Wschodnioeuropejskiego Narodowego Uniwersytetu im. Lesi Ukrainki (m. Łuck, Ukraina)
Anotation. The history of the contractual relations growth in the sphere of management nature along with the public influence to provide with rational use of natural resources, environmental safety and environmental protection have been highlighted in the article. The main feature of agreements in the sphere of nature is the public interest under the Constitution of Ukraine and as well as by the number of special laws. Leases of land, water and forest resources, mineral resources, hunting ground etc. are important in the sphere of contractual relationship application as the contractual form has significant advantages over administrative acts of management on nature. The article deals with the formation and development of contractual relations of management of nature, achievements and shortcomings of national experience and state regulation to current legislation. The author pays attention to the registration of civil law contract relation, as the multipurpose and accessible to the wide range of managers of nature including physical persons of such form of relationships.
Keywords: management of nature, natural resources, contractual relations, lease, civil contract, ecological safety.

THE DEVELOPMENT OF METHODOLOGY OF TEACHING THE HISTORY IN THE UKRAINIAN GALICIAN SCHOOLS (FROM 50 YEARS OF THE 19TH CENTURY TO 30 YEARS OF THE 20TH CENTURY)

T. Sawszak

doktorant
w Pracowni Edukacji Społecznej Instytutu Pedagogiki Narodowej Akademii Nauk Pedagogicznych Ukrainy (Kijw, Ukraina)
Anotation. The article deals with the development of methodology of teaching the history in Ukrainian county schools and gymnasiums, which served as the secondary school from 50 years of the 19th century to 30 years of the 20th century and analyzed the content of the history curriculum for different Ukrainian schools.
Keywords: Gymnasium, content, history, methodology, curriculum development, Ukrainian county schools.

THE WAYS OF NATIONAL SELF-ASSERTION IN SCHOOL YOUTH

R. Sojchuk

docent, doktorant laboratorium wychowania moralnego i obywatelskiego
Instytutu Problemów Wychowania Narodowej Akademii Nauk Pedagogicznych Ukrainy (m. Kijów, Ukraina)
Anotation. The article focus on urgent need of Ukrainian statehood - national self-assertion education in school youth; the essence of the concept of "national self-affirmation" is considered; the main approaches to national self-assertion education of the school youth in after-hour activities are briefly characterized and the efficiency of introducing of active forms and methods of education are emphasized.
Keywords: national self-assertion, school youth, national and patriotic education, active forms and methods, education, training, volunteering, project activity, democratic educational environment.

VISUAL MODELING IN THE PROCESS OF THE VOICE DEVELOPMENT OF PEDOGOGICAL UNIVERSITIES STUDENTS

SIa TsZIN

National Pedagogical Dragomanov University, Kyiv, Ukraina
slatszin@gmail.com
Anotation. The article reveals the content of visual modeling as means of development of the singing voice of pedagogical universities students within the teacher-student communication through which the purposeful activation of the necessary parts of the phonation apparatus could be achieved through visual means. Adjusts the process of sound formation which leads to the improvement of the student's artistic and technical skills.
Keywords: visual modeling as a method: directions, stages, elements, features.

V. O. SUKHOMLINSKY ABOUT THE ETHICAL ROLE OF EVALUATION OF KNOWLEDGE STUDENTS

L. Stasiuk

doktor nauk pedagogicznych, docent
katedry pedagogiki
Wschodnioeuropejskiego Narodowego Uniwersytetu im. Lesi Ukrainki (m. Łuck, Ukraina)
Anotation. The article presents the analysis of the impact assessment on the emotional state of the student, especially the assessment of younger students on the principles of humanity, understanding. Noted the importance of improving the system of assessment of students achievements.
Keywords: younger schoolchildren, evaluation, moral judgment, humanity, check, ability.

IMPROPER ADVANTAGE AS A SUBJECT OF CORRUPTION CRIME IN THE CRIMINAL CODE OF UKRAINE

J. Syvoplias

adiunkt
katedry prawa karnego
Narodowej Akademii Spraw Wewnętrznych (m. Kijów, Ukraina)
Anotation. The article examines the concept and characters of improper advantage as a subject of crime in the Criminal Code of Ukraine. It was established that changing the term "bribe" to "improper advantage" - is not just a formal renaming the subject of corruption crimes, but also a change of its nature. The main difference of the undue advantage from bribery is that the latter is only of a material nature and improper advantage may be both material and immaterial. At the same time the legislator made no distinction between the possible manifestations of an improper advantage, thats why the meanings of the concepts "advantage", "benefits", "service" and "intangible assets" was disclosed. Thus, the legislator was asked to accept mail clarification on material and immaterial nature of improper advantage with the clear separation of each type of improper advantage from each other. The Act of 18.04.2013 № 221-VII “On Amendments to Certain Legislative Acts of Ukraine on bringing national legislation in accordance to the standards of the Criminal Law Convention on Corruption” brought component elements of a crime of active and passive bribery in accordance with international standards by establishing criminal responsibility by promise, request or demand of an improper advantage, making offers or promises of an improper advantage as a completed gravamen of a charge. However, Ukrainian lawmakers didnt pay attention to the definition of "request" in the Criminal Code of Ukraine, which would be advisable to add to the Article 354 of the Criminal Code of Ukraine. Thus, for the purposes of Articles 354, 368, 3683 and 3684 of the Criminal Code of Ukraine the definition of a request of improper advantage was provided. At the same time, the criminal legislation of Ukraine contains multiple definitions of improper advantage, considering which we propose to unify these concepts by amending the Article 160 of the Criminal Code of Ukraine. Thus, there is an opportunity to unify these determining undue advantage for all Criminal Code of Ukraine (without taking account of the drawbacks of the legislative technique). However, in order to deal with this issue further, the Parliament of Ukraine should adopt a law that will eliminate differences in the existing definitions of improper advantage in the Criminal Code of Ukraine and carry out unification of this notion for all anti-corruption legislation.
Keywords: corruption, crime, subject of crime, improper advantage, benefits, services, intangibles.

SECURITY THREATS WITH CONTAGIOUS BIOLOGICAL MATERIALS IN TERRORIST ATTACKS

K. Wiśniewska

studentka
Wyższa Szkoła Handlowa w Radomiu (m.Radom, Polska)
Anotation. Bioterroryzm is one of more important threats to the biosecurity, understood as danger posing a threat for the natural environment and living organisms. The weapon is biological with tool attractive for terrorists, on account of such features as the low manufacture cost or the easiness of using. In the article I will try to move closer comprehending the biological weapon, for her coming and features of individual contagious materials as well as the scale of the created risk for the population and the environment."
Keywords: bioterrorism, epidemic, infectious agents, ebola, anthrax, tularemia, smallpox.

ILLEGAL BEHAVIOR AS CONDITION OF CIVIL LIABILITY UNDER VEHICLE STORAGE AGREEMENT

J. Zaika

doktor habilitowany nauk prawnych, profesor katedry prawa i postępowania cywilnego
Narodowej Akademii Spraw Wewnętrznych (m. Kijów, Ukraina)
Anotation. The article describes the categories of contractual and tort responsibility and problems of their differentiation in cases when damage is caused by illegal actions of the third persons or by inappropriate implementation of contractual obligations by vehicle storage agreement on a parking place. The article analyzes judicial practice about compensation of the damage caused to the vehicles during their storage on parking places. In case of illegal inactivity of transport vehicle keeper, he must compensate the damage dealt by third person to a contractor. After compensation transport vehicle keeper has a right of legal recourse to the person which caused the damage. The court defines the amount of compensation taking into account the proportion of guilt of transport vehicle keeper and third person, which caused the damage.
Keywords: civil liability; civil liability under storage agreement of transport vehicles; illegality as a condition of civil liability under vehicle storage agreement.

CONCEPT OF CRIMINOLOGICAL CHARACTERISTICS OF CRIMES EXPRESSED BY PERSONNEL OF THE STATE CRIMINAL-EXECUTIVE SERVICE OF UKRAINE

Likhovyckyi Yaroslav

docent
Katedry Prawa Karnego Wydziału Prawa
Użhorodskiego Uniwersytetu Narodowego doktor nauk prawnych, (m.Użhorod, Ukraina)
Anotation. The article, based on the results of the analysis of scientific approaches, formulates the author's definition of the concept of "criminological characteristic of crimes committed by the personnel of the State criminal-executive service of Ukraine", as well as its theoretical and practical significance for the sphere of execution of punishments has been proved.
Keywords: criminological characteristic; crime; Personnel of the State Criminal Execution Service of Ukraine; Price of crime; State of crime; Level of crime; The offender; Determinants of crime; Victim of crime.