Papers by Yaroslav Melnyk
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Melnyk Ya. Ya. Mobilization of those sentenced to imprisonment in the context of reducing social
... more Melnyk Ya. Ya. Mobilization of those sentenced to imprisonment in the context of reducing social
isolation. – Article.
The article examines the institution of mobilization of those sentenced to imprisonment in the light
of the reduction of social isolation. The task is to create an opportunity to track changes in the vector
of criminal law policy and find out its impact on the realization of social rights and social isolation of convicted
persons who are mobilized. In the course of the study, the current legislation and scientific publications are
analyzed in the direction of clarifying the problems of the institution of mobilization of those sentenced
to imprisonment in the light of the reduction of social isolation. In the course of the research, the author
proves that today the issue of reduction is not used in legal doctrine, nor in the philosophy of law, nor in
the main or special branches of law – civil and labor law, administrative law, social law, etc.
Therefore, the author states that these questions form a gap in the legal doctrine regarding legal policy,
social policy, the policy of isolating a person, and, therefore, in the policy of ensuring the social rights
of those sentenced to deprivation of liberty, the policy of their resocialization, the policy of mobilization
in particular. According to the results of the research, the author comes to the conclusion that solving the problems
of the social theory of the mobilization of convicts to deprivation of liberty in the light of the reduction
of the institution of isolation, provides an opportunity to state more precisely that the processes of convict
rehabilitation in the context of the simplification of the approach during the period of martial law acquired
a special political the legal aspect of resocialization, behind which lies the restoration of trust in the
homeland of the convicts.
Also, in the author’s opinion, it is obvious that this process involves a change in social and legal policy,
a change in criminal enforcement policy, and, of course, the state’s criminal procedural policy. Accordingly,
all these issues lie in the key to the liberalization of the social approach to the performance of the functions
of the state in maintaining law and order, restoring justice to the state, as well as establishing a social
dialogue at the level of «the state - the convicted».
Key words: implementation of law, social rights, deprivation of liberty, convicts, resocialization, legal
policy, mobilization.
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The article examines the problems of legal monitoring of the social rights of those sentenced to ... more The article examines the problems of legal monitoring of the social rights of those sentenced to imprisonment and those released in connection with mobilization. Current social legislation, military mobilization legislation, legislation on legal monitoring are analyzed. In the course of the study, the scientific developments of scientists in the field of social law and legal monitoring are also revealed. According to the results of the research, the author comes to the conclusion that the implementation of legal monitoring in relation to persons sentenced to imprisonment with subsequent release on the basis of mobilization, and servicemen called up to the ranks of the Armed Forces of Ukraine in connection with general mobilization, consists in , that legal monitoring should be carried out taking into account the effectiveness of social law norms, for example, of a social and legal nature in general, their distribution or gaps based on conflicts and legal gaps regarding the legal status of such persons. Also, the author notes that, under the above circumstances, it should be taken into account that the legal status of persons mobilized in accordance with the Decree of the President of Ukraine No. 69/2022 dated February 24, 2022, and the legal status of mobilized persons who were sentenced to imprisonment but who were
released on parole in connection with the mobilization under Law No. 11079-1 dated 28.03.2024, is not the same either in content or scope, as it differs in certain features, which is definitely the cause of the impact on the full realization of social rights and, accordingly, the nature of legal monitoring. A proposal is made to follow the methodological sequence when revealing sectoral and interdisciplinary studies, taking into account the status of individuals, screening for the effectiveness of social legislation, military mobilization legislation, legislation on legal monitoring, the hierarchy of its norms, etc.
Key words: implementation of law, social rights, deprivation of liberty, convicts, resocialization.
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Melnyk Ya. Ya. Problems of applying legal
monitoring of those sentenced to imprisonment and
relea... more Melnyk Ya. Ya. Problems of applying legal
monitoring of those sentenced to imprisonment and
released in connection with their mobilization. – Article.
The article examines the problems of applying legal
monitoring of those sentenced to imprisonment and
those released in connection with their mobilization. A
number of legal acts that provide legal regulation in
the field of legal monitoring, sentencing and release
from serving a sentence are analyzed, as well as legal
acts that determine the procedure for conducting
mobilization training and mobilization, bringing
servicemen to administrative responsibility. Also,
the research inputs analyze doctrinal developments
in the field of legal monitoring, methods of applying
the law, and features of legal monitoring in the field
of release from serving a sentence in connection with
mobilization. As a result of the study, conclusions are
drawn that the problem of applying legal monitoring of
those sentenced to imprisonment and those released in
connection with their mobilization is explained by the
need to ensure appropriate legal regulation mechanisms
for the process of monitoring the application of legal
norms, the realization of the rights of persons who are
mobilized; analysis and assessment of the effect of Law
No. 11079-1 dated March 28, 2024, with the aim of
identifying and overcoming legal conflicts and gaps in
the law, methods of applying the law both at the doctrinal
and practical levels. The author of the article believes
that the implementation and conduct of legal monitoring
in the field of mobilization will provide an opportunity
to strengthen the effectiveness of legal screening for
practice and legal doctrine. In the end, the author of
the study focuses on the problem in the conclusions and
on the fact that the screening of monitoring problems
of those sentenced to imprisonment and those released
in connection with their mobilization provides an
opportunity to determine the industry specifics and
the specifics of the consequences of release, ensuring
effective legal regulation of the stages of changing legal
status, resocialization according to special procedure,
legal action, etc. And the separation as a sub-institute
of legal monitoring in the field of those sentenced to
imprisonment and those released in connection with
their mobilization is expedient and will contribute to
the development of industry legal doctrine and judicial
practice, which encourages further research, because
these issues remain open.
Key words: implementation of law, social rights,
deprivation of liberty, convicts, resocialization, legal
monitoring, mobilization.
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The article is devoted to researching the problems of law-making in the light of legal doctrine a... more The article is devoted to researching the problems of law-making in the light of legal doctrine and elements of the legal system. The article examines the legal system and reveals the main trends in the development of legal doctrine, analyzes current legislation and judicial practice.
The article examines creativity as a category of philosophy, examines the issue of regression as a philosophical category, substantiates law-making as a legal
phenomenon and determines its place in the legal system and the doctrine of law-making; the doctrinal significance of the legal system and its elements is analyzed; the peculiarities of the legal doctrine are revealed, as a result of which the question arises of distinguishing the doctrine of law-making as a separate element of the legal system. Namely because it is based on legal teachings, research, scientific developments and «scientific customs» (postulates). It (the doctrine of law-making) is covered by law enforcement activities according to Law No. 3354-IX of August 24, 2023.
Based on the results of the research, conclusions are made regarding the definition of the concept of «law-making doctrine», the signs of law-making and the elements of the law-making doctrine as a legal system are determined. Their essence is explained and their content is revealed. In particular, the following signs of the doctrine of law-making have been established: «methodological-instrumental sign»; «sign of founding»; «sign of scientific planning»; «a sign of scientific predictability», «a sign of systematicity». At the systemic level (correlation to the legal system), it was established that the doctrine of law-making has such elements as the element of (1)system formation, which is based on: (a)integrity; (b)coherence; (c)internal structure (organization); (2)the presence of social conditioning; (3)reflection of the statics and dynamics of the doctrine of law-making; (4)grouping of elements of the legal system due to the doctrine of law-making; (5)the ability to reflect the internal structure of law in doctrinal content.
Key words: creativity, law-making, legal system, legal doctrine, law-making doctrine
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Papers by Yaroslav Melnyk
isolation. – Article.
The article examines the institution of mobilization of those sentenced to imprisonment in the light
of the reduction of social isolation. The task is to create an opportunity to track changes in the vector
of criminal law policy and find out its impact on the realization of social rights and social isolation of convicted
persons who are mobilized. In the course of the study, the current legislation and scientific publications are
analyzed in the direction of clarifying the problems of the institution of mobilization of those sentenced
to imprisonment in the light of the reduction of social isolation. In the course of the research, the author
proves that today the issue of reduction is not used in legal doctrine, nor in the philosophy of law, nor in
the main or special branches of law – civil and labor law, administrative law, social law, etc.
Therefore, the author states that these questions form a gap in the legal doctrine regarding legal policy,
social policy, the policy of isolating a person, and, therefore, in the policy of ensuring the social rights
of those sentenced to deprivation of liberty, the policy of their resocialization, the policy of mobilization
in particular. According to the results of the research, the author comes to the conclusion that solving the problems
of the social theory of the mobilization of convicts to deprivation of liberty in the light of the reduction
of the institution of isolation, provides an opportunity to state more precisely that the processes of convict
rehabilitation in the context of the simplification of the approach during the period of martial law acquired
a special political the legal aspect of resocialization, behind which lies the restoration of trust in the
homeland of the convicts.
Also, in the author’s opinion, it is obvious that this process involves a change in social and legal policy,
a change in criminal enforcement policy, and, of course, the state’s criminal procedural policy. Accordingly,
all these issues lie in the key to the liberalization of the social approach to the performance of the functions
of the state in maintaining law and order, restoring justice to the state, as well as establishing a social
dialogue at the level of «the state - the convicted».
Key words: implementation of law, social rights, deprivation of liberty, convicts, resocialization, legal
policy, mobilization.
released on parole in connection with the mobilization under Law No. 11079-1 dated 28.03.2024, is not the same either in content or scope, as it differs in certain features, which is definitely the cause of the impact on the full realization of social rights and, accordingly, the nature of legal monitoring. A proposal is made to follow the methodological sequence when revealing sectoral and interdisciplinary studies, taking into account the status of individuals, screening for the effectiveness of social legislation, military mobilization legislation, legislation on legal monitoring, the hierarchy of its norms, etc.
Key words: implementation of law, social rights, deprivation of liberty, convicts, resocialization.
monitoring of those sentenced to imprisonment and
released in connection with their mobilization. – Article.
The article examines the problems of applying legal
monitoring of those sentenced to imprisonment and
those released in connection with their mobilization. A
number of legal acts that provide legal regulation in
the field of legal monitoring, sentencing and release
from serving a sentence are analyzed, as well as legal
acts that determine the procedure for conducting
mobilization training and mobilization, bringing
servicemen to administrative responsibility. Also,
the research inputs analyze doctrinal developments
in the field of legal monitoring, methods of applying
the law, and features of legal monitoring in the field
of release from serving a sentence in connection with
mobilization. As a result of the study, conclusions are
drawn that the problem of applying legal monitoring of
those sentenced to imprisonment and those released in
connection with their mobilization is explained by the
need to ensure appropriate legal regulation mechanisms
for the process of monitoring the application of legal
norms, the realization of the rights of persons who are
mobilized; analysis and assessment of the effect of Law
No. 11079-1 dated March 28, 2024, with the aim of
identifying and overcoming legal conflicts and gaps in
the law, methods of applying the law both at the doctrinal
and practical levels. The author of the article believes
that the implementation and conduct of legal monitoring
in the field of mobilization will provide an opportunity
to strengthen the effectiveness of legal screening for
practice and legal doctrine. In the end, the author of
the study focuses on the problem in the conclusions and
on the fact that the screening of monitoring problems
of those sentenced to imprisonment and those released
in connection with their mobilization provides an
opportunity to determine the industry specifics and
the specifics of the consequences of release, ensuring
effective legal regulation of the stages of changing legal
status, resocialization according to special procedure,
legal action, etc. And the separation as a sub-institute
of legal monitoring in the field of those sentenced to
imprisonment and those released in connection with
their mobilization is expedient and will contribute to
the development of industry legal doctrine and judicial
practice, which encourages further research, because
these issues remain open.
Key words: implementation of law, social rights,
deprivation of liberty, convicts, resocialization, legal
monitoring, mobilization.
The article examines creativity as a category of philosophy, examines the issue of regression as a philosophical category, substantiates law-making as a legal
phenomenon and determines its place in the legal system and the doctrine of law-making; the doctrinal significance of the legal system and its elements is analyzed; the peculiarities of the legal doctrine are revealed, as a result of which the question arises of distinguishing the doctrine of law-making as a separate element of the legal system. Namely because it is based on legal teachings, research, scientific developments and «scientific customs» (postulates). It (the doctrine of law-making) is covered by law enforcement activities according to Law No. 3354-IX of August 24, 2023.
Based on the results of the research, conclusions are made regarding the definition of the concept of «law-making doctrine», the signs of law-making and the elements of the law-making doctrine as a legal system are determined. Their essence is explained and their content is revealed. In particular, the following signs of the doctrine of law-making have been established: «methodological-instrumental sign»; «sign of founding»; «sign of scientific planning»; «a sign of scientific predictability», «a sign of systematicity». At the systemic level (correlation to the legal system), it was established that the doctrine of law-making has such elements as the element of (1)system formation, which is based on: (a)integrity; (b)coherence; (c)internal structure (organization); (2)the presence of social conditioning; (3)reflection of the statics and dynamics of the doctrine of law-making; (4)grouping of elements of the legal system due to the doctrine of law-making; (5)the ability to reflect the internal structure of law in doctrinal content.
Key words: creativity, law-making, legal system, legal doctrine, law-making doctrine
isolation. – Article.
The article examines the institution of mobilization of those sentenced to imprisonment in the light
of the reduction of social isolation. The task is to create an opportunity to track changes in the vector
of criminal law policy and find out its impact on the realization of social rights and social isolation of convicted
persons who are mobilized. In the course of the study, the current legislation and scientific publications are
analyzed in the direction of clarifying the problems of the institution of mobilization of those sentenced
to imprisonment in the light of the reduction of social isolation. In the course of the research, the author
proves that today the issue of reduction is not used in legal doctrine, nor in the philosophy of law, nor in
the main or special branches of law – civil and labor law, administrative law, social law, etc.
Therefore, the author states that these questions form a gap in the legal doctrine regarding legal policy,
social policy, the policy of isolating a person, and, therefore, in the policy of ensuring the social rights
of those sentenced to deprivation of liberty, the policy of their resocialization, the policy of mobilization
in particular. According to the results of the research, the author comes to the conclusion that solving the problems
of the social theory of the mobilization of convicts to deprivation of liberty in the light of the reduction
of the institution of isolation, provides an opportunity to state more precisely that the processes of convict
rehabilitation in the context of the simplification of the approach during the period of martial law acquired
a special political the legal aspect of resocialization, behind which lies the restoration of trust in the
homeland of the convicts.
Also, in the author’s opinion, it is obvious that this process involves a change in social and legal policy,
a change in criminal enforcement policy, and, of course, the state’s criminal procedural policy. Accordingly,
all these issues lie in the key to the liberalization of the social approach to the performance of the functions
of the state in maintaining law and order, restoring justice to the state, as well as establishing a social
dialogue at the level of «the state - the convicted».
Key words: implementation of law, social rights, deprivation of liberty, convicts, resocialization, legal
policy, mobilization.
released on parole in connection with the mobilization under Law No. 11079-1 dated 28.03.2024, is not the same either in content or scope, as it differs in certain features, which is definitely the cause of the impact on the full realization of social rights and, accordingly, the nature of legal monitoring. A proposal is made to follow the methodological sequence when revealing sectoral and interdisciplinary studies, taking into account the status of individuals, screening for the effectiveness of social legislation, military mobilization legislation, legislation on legal monitoring, the hierarchy of its norms, etc.
Key words: implementation of law, social rights, deprivation of liberty, convicts, resocialization.
monitoring of those sentenced to imprisonment and
released in connection with their mobilization. – Article.
The article examines the problems of applying legal
monitoring of those sentenced to imprisonment and
those released in connection with their mobilization. A
number of legal acts that provide legal regulation in
the field of legal monitoring, sentencing and release
from serving a sentence are analyzed, as well as legal
acts that determine the procedure for conducting
mobilization training and mobilization, bringing
servicemen to administrative responsibility. Also,
the research inputs analyze doctrinal developments
in the field of legal monitoring, methods of applying
the law, and features of legal monitoring in the field
of release from serving a sentence in connection with
mobilization. As a result of the study, conclusions are
drawn that the problem of applying legal monitoring of
those sentenced to imprisonment and those released in
connection with their mobilization is explained by the
need to ensure appropriate legal regulation mechanisms
for the process of monitoring the application of legal
norms, the realization of the rights of persons who are
mobilized; analysis and assessment of the effect of Law
No. 11079-1 dated March 28, 2024, with the aim of
identifying and overcoming legal conflicts and gaps in
the law, methods of applying the law both at the doctrinal
and practical levels. The author of the article believes
that the implementation and conduct of legal monitoring
in the field of mobilization will provide an opportunity
to strengthen the effectiveness of legal screening for
practice and legal doctrine. In the end, the author of
the study focuses on the problem in the conclusions and
on the fact that the screening of monitoring problems
of those sentenced to imprisonment and those released
in connection with their mobilization provides an
opportunity to determine the industry specifics and
the specifics of the consequences of release, ensuring
effective legal regulation of the stages of changing legal
status, resocialization according to special procedure,
legal action, etc. And the separation as a sub-institute
of legal monitoring in the field of those sentenced to
imprisonment and those released in connection with
their mobilization is expedient and will contribute to
the development of industry legal doctrine and judicial
practice, which encourages further research, because
these issues remain open.
Key words: implementation of law, social rights,
deprivation of liberty, convicts, resocialization, legal
monitoring, mobilization.
The article examines creativity as a category of philosophy, examines the issue of regression as a philosophical category, substantiates law-making as a legal
phenomenon and determines its place in the legal system and the doctrine of law-making; the doctrinal significance of the legal system and its elements is analyzed; the peculiarities of the legal doctrine are revealed, as a result of which the question arises of distinguishing the doctrine of law-making as a separate element of the legal system. Namely because it is based on legal teachings, research, scientific developments and «scientific customs» (postulates). It (the doctrine of law-making) is covered by law enforcement activities according to Law No. 3354-IX of August 24, 2023.
Based on the results of the research, conclusions are made regarding the definition of the concept of «law-making doctrine», the signs of law-making and the elements of the law-making doctrine as a legal system are determined. Their essence is explained and their content is revealed. In particular, the following signs of the doctrine of law-making have been established: «methodological-instrumental sign»; «sign of founding»; «sign of scientific planning»; «a sign of scientific predictability», «a sign of systematicity». At the systemic level (correlation to the legal system), it was established that the doctrine of law-making has such elements as the element of (1)system formation, which is based on: (a)integrity; (b)coherence; (c)internal structure (organization); (2)the presence of social conditioning; (3)reflection of the statics and dynamics of the doctrine of law-making; (4)grouping of elements of the legal system due to the doctrine of law-making; (5)the ability to reflect the internal structure of law in doctrinal content.
Key words: creativity, law-making, legal system, legal doctrine, law-making doctrine
Candidate of Juridical Sciences, Doctoral Candidate
Institute of Legislation of the Verkhovna Rada of Ukraine
Lecturer at the Institute of Postgraduate Education of Taras Shevchenko National University of Kyiv
COURT SESSION FORM AS PART OF CIVIL PROCEDURAL SECURITY REGIME OF CIVIL PROCEEDINGS
The article is devoted to the analysis of the court session form in civil proceedings in the context of the necessity of the establishment and proper conditions providing for its implementation. The issues of the procedural legal complications and consequences which are possible in the absence of technical, attributive and procedural conditions of the court session form are disclosed. The procedural legal complications and consequences, which have a negative effect on court order respecting, thus on the civil procedural form which levels the guarantee and protection of the rights in civil proceedings, is put dependent. It is proved that the form of court session is part of the civil procedural security regime, thus as a set of procedural and legal instruments and property of civil procedural form, it should ensure the conformity of the court session institute in civil proceedings.
The conclusions are made that court session is both the means to identify and eliminate the negative effects of complications trial of civil case, the role of which is not only to implement the principles of civil procedure (orality, competition, purview), but also to ensure the right to security by providing the implementation of attributive, technical and procedural tactical conditions of civil proceedings.
Key words: civil proceedings, civil procedural form, court session, civil procedural legal relations, civil procedural security regime
The issues of the implementation of the Ombudsman's powers on others, in the benefits of whose he is not involved in the case, but must ensure compliance and protection to their rights because of his official status were analyzed.
The correlation between the security and protection features of the Ombudsman and the rights of individuals to eliminate the risk in the private (civil) law, as the spread and effect of these rights in civil procedure was observed.
The regime of civil procedural security was analyzed and the role of the Ombudsman as a specific subject of civil procedural law relations in it was determined.
Key words: civil procedural status of the Ombudsman, the right of civil procedural security, civil procedural security regime